Clearwater Assault with a Deadly Weapon Lawyer
Being charged with assault involving a deadly weapon is a serious offense in Clearwater and throughout Florida. Under Florida law, this type of charge is known as aggravated assault, and it often carries severe penalties, including mandatory prison time and a permanent criminal record. If you are facing these allegations, securing experienced legal counsel is essential.
At Hersem Law, our Clearwater criminal defense attorney understands how high the stakes are when you’re accused of aggravated assault. Whether you are dealing with a first-time charge or a repeat offense, we’ll work tirelessly to build a strong defense and pursue a favorable outcome in your case.
What Is Aggravated Assault in Florida?
Aggravated assault is defined as an intentional threat of violence—either verbal or physical—combined with an apparent ability to carry it out, while using a deadly weapon or with the intent to commit a felony. Unlike simple assault, aggravated assault elevates the offense due to the presence of a deadly weapon or increased threat level.
Common examples of deadly weapons include:
- Firearms
- Knives
- Blunt objects
- Any object used or threatened to be used to inflict serious harm
Aggravated assault is typically charged as a third degree felony or, in certain circumstances, a second degree felony. If convicted, you could face up to five years in prison, probation, steep fines, and lifelong consequences.
Key Differences Between Simple and Aggravated Assault
While simple assault is considered a second degree misdemeanor punishable by up to one year in jail, aggravated assault is a felony offense with much harsher penalties. The presence of a deadly weapon or serious bodily harm can significantly impact how the case is prosecuted and the severity of the penalties sought by the assistant state attorney.
Understanding the difference between simple and aggravated assault is crucial when developing a defense strategy. Our criminal defense lawyers analyze every detail of the charges, evidence, and surrounding circumstances to determine how to best defend your rights.
Legal Consequences of Aggravated Assault Charges
An aggravated assault conviction in Pinellas County can lead to:
- Jail time or prison sentences up to five years
- A permanent criminal record
- Probation and court supervision
- Loss of civil rights and firearm ownership
- Difficulty securing employment or housing
Even a plea deal may result in serious penalties. If you’re facing aggravated assault charges, having a skilled legal team is essential to protect your future.
Common Legal Issues in Aggravated Assault Cases
These cases often involve claims of self-defense, mistaken identity, or lack of credible evidence. Other legal concerns that may arise include:
- Whether an unlawful threat was made
- The actual use or threat of physical violence
- Whether the weapon in question qualifies as a deadly weapon under the law
- The alleged victim’s credibility
- The presence or absence of physical evidence
Our defense lawyers explore every opportunity to dispute the prosecution’s claims and cast reasonable doubt on the charges.
Building a Strong Defense Against Aggravated Assault Charges
At Hersem Law, our criminal defense attorneys focus on building a strong defense tailored to your situation. We may challenge the legality of police conduct, the credibility of witnesses, and the strength of the physical evidence.
Our approach includes:
- Analyzing the events that led to the arrest
- Investigating police procedures and legal proceedings
- Identifying any violations of your rights during arrest or questioning
- Developing a solid defense grounded in facts and Florida’s legal system
We’ve defended clients across a wide range of criminal charges in Clearwater and throughout Pinellas County, including violent crimes, aggravated battery, and other felony offenses. Our goal is always to reduce or dismiss charges when possible and protect your future.
Why You Need a Clearwater Criminal Defense Attorney
Navigating Florida’s legal system without legal representation puts you at a serious disadvantage. From the moment you’re arrested or charged, prosecutors begin building their case against you. Having the right defense attorney can make all the difference in how your case unfolds.
Our legal team includes skilled attorneys and criminal defense lawyers who have successfully defended clients facing complex felony charges. We offer personalized attention, detailed legal analysis, and strong advocacy in and out of court.
Defending Clients Across a Range of Criminal Cases
In addition to aggravated assault, our firm handles:
- Simple assault
- Aggravated battery
- Drug offenses and drug trafficking
- Sex crimes and false allegations
- Felony and misdemeanor assault charges
- Criminal cases involving disorderly conduct, petty theft, and other lesser offenses
Our law firm is committed to delivering strategic defense for every client, regardless of the severity of the charges. Whether your case involves bodily harm, an intentional threat, or alleged imminent danger, we’re here to help.
What to Do If You’re Charged
If you’ve been charged with aggravated assault in Clearwater or if you’re under investigation, take immediate steps to protect yourself:
- Remain silent until you have legal counsel
- Avoid discussing your case with anyone but your defense attorney
- Do not speak with police or prosecutors without representation
- Contact an attorney as soon as possible
Even in cases involving serious penalties, there may be options to reduce or avoid a criminal conviction. Our attorneys will evaluate the charges and evidence, determine the best defense strategy, and guide you through every stage of the legal proceedings.
Learn more about your options from a Clearwater assault with a deadly weapon lawyer. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolving your case.
Clearwater Aggravated Assault FAQs
What is considered aggravated assault in Florida?
Aggravated assault involves an intentional threat to commit violence with a deadly weapon or the intent to commit a felony. It is more serious than simple assault and is classified as a felony offense.
What are the penalties for aggravated assault in Pinellas County?
Aggravated assault is a third degree felony in most cases, punishable by up to five years in prison, probation, and a permanent criminal record. Penalties may increase depending on the circumstances.
Can a deadly weapon be something other than a gun or knife?
Yes. Under Florida law, any object that can cause serious harm may be considered a deadly weapon if used or threatened in a violent manner.
Do I need an attorney if I’ve been falsely accused?
Absolutely. False accusations of aggravated assault still require a strong defense. A criminal conviction can happen even without physical harm, depending on the evidence and legal strategy.
Can aggravated assault charges be reduced or dropped?
Yes, in some cases. Your defense lawyer may negotiate with the state attorney’s office, dispute the presence of a deadly weapon, or highlight weaknesses in the prosecution’s case to seek a more favorable outcome.
