If you’ve been charged with assault with a deadly weapon in Orlando, time is of the essence. Your future hangs in the balance, which is why you should contact Sergio Cruz Criminal Defense at your earliest convenience to start building an aggressive defense.
Assault charges are no joke — especially if they involve a deadly weapon. Without a robust criminal defense strategy, you could end up facing a range of life-altering consequences, including being deemed a convicted felon. You could even serve prison time.
Although appealing an assault with a deadly weapon charge is certainly possible, it’s much easier to avoid conviction in the first place. Protecting your future will require partnering with a top-tier criminal defense law firm that has the resources, expertise, and drive to get your charges reduced or dismissed. Luckily, you don’t have to search too far — Sergio Cruz Criminal Defense is standing by.
If you or a loved one has been charged with assault with a deadly weapon in Orlando, you need to act now and secure qualified legal representation. This article will explain everything you need to know about these charges, including possible penalties, common defense strategies, the appeals process, and how a talented Orlando criminal defense lawyer from our firm can help.
How an Orlando Assault Lawyer Can Help You
Here’s the truth: Public defenders are some of the hardest-working attorneys around. However, the vast majority of them aren’t able to dedicate the kind of time that avoiding an assault charge requires. The criminal defense attorneys at our law firm, on the other hand, do.
And it’s not just the time we dedicate to each case that sets us apart from the rest. Our law offices have the resources, expertise, and experience to pursue the most advantageous outcome for every client. We will work tirelessly to gather the evidence necessary to corroborate your version of events and present compelling arguments advocating for your innocence.
If you’ve been charged with assault with a deadly weapon, your future hangs in the balance. To avoid conviction and the severe penalties that follow, you need the best defense possible — and that’s exactly what Sergio Cruz provides.
What Are the Penalties for Assault with a Deadly Weapon?
In Florida, assault with a deadly weapon is also characterized as aggravated assault. Because this offense involves the use of a deadly weapon, the penalties can be severe — much more serious than those associated with simple assault. If you are convicted of the crime of assault with a deadly weapon in Florida, you may face the following penalties:
- Status of convicted felon. Aggravated assault with a deadly weapon is considered a third-degree felony in Florida.
- Imprisonment. If convicted of assault with a deadly weapon in Florida, you could face a prison sentence of up to five years.
- Probation. Conviction may also result in up to five years of probation.
- Fines. You may also be ordered to pay up to $5,000 in fines.
As if these state-imposed punishments weren’t enough, you could face additional consequences that, while not direct results of conviction, can still wreak havoc on your life. These include a permanent criminal record, a loss of your civil rights, and court-imposed restitution to the victim. If you have a prior felony on your record, you may face increased sentencing, and, depending on the specifics of your case, you may even be forced to serve mandatory minimum sentences following Florida’s 10-20-Life law.
What Are Defenses for Assault with a Deadly Weapon?
There are numerous defense strategies that we can use to clear your name, get your criminal charges reduced, or get them dismissed altogether. The best approach for you depends on the unique circumstances of your case and the specific details of the incident. The following are a few of the legal defenses we can explore together:
- Self-defense. You were acting in self-defense and used the deadly weapon to protect yourself from reasonable harm at the hands of a threatening aggressor.
- Defense of others. You used reasonable force that was necessary to prevent harm from coming to another individual.
- Defense of property. You used an appropriate amount of force to protect your property from being invaded or damaged.
- Lack of intent. Your actions were accidental, misinterpreted, or void of any actual threat of violence, and you had no intention to threaten or harm anyone with a deadly weapon.
- False accusation. You did not assault anyone with a deadly weapon, and the charges against you are based on false or exaggerated claims.
- Stand Your Ground law. You were exercising your rights under Florida’s “Stand Your Ground” law to prevent imminent death or great bodily harm.
- Mutual combat. The altercation you were involved in was consensual, and both parties were equally and willingly engaged in combat.
- Coercion or duress. You were forced to commit the act under threat of immediate harm to yourself or someone else and had no reasonable opportunity to escape the situation.
- Mistaken identity. You did not commit assault with a deadly weapon, and your charge is the result of a mistaken identity.
Depending on the specifics of your case, we may be able to use one of these legal defenses to clear your name or get your charges dropped or reduced.
How Do I Appeal an Assault with a Deadly Weapon Conviction?
The reality is that after you’ve been convicted of assault with a deadly weapon in Florida, appealing your conviction is a lengthy, difficult process. However, it is possible with expert legal assistance. Here are a few of the key steps in the appeals process:
- Filing a notice of appeal within 30 days of the sentencing date
- Obtaining the trial record to identify critical errors that occurred during the trial
- Filing an initial brief within 70 days of filing the notice of appeal, outlining legal arguments for why the conviction should be overturned
- Reviewing the state’s answer brief in which it defends the trial court’s decisions and makes arguments against the appeal
- Filing a reply brief to address points made in the state’s answer brief
- Delivering an oral argument to the appellate court, answering questions from the judges
- Awaiting the appellate court decision in which the court affirms or reverses the conviction, remands the case for a new trial, or modifies the sentence
- Submitting further appeals if the first is unsuccessful, possibly seeking further review from higher courts
- Pursuing post-conviction relief through various motions, arguing that new evidence or constitutional violations justify overturning the original decision to convict
When it comes to appealing a conviction, adhering to strict timelines is critical. There are numerous grounds for appeal, and while some are successful, it’s typically much easier to avoid conviction than it is to appeal a court’s decision.
Sergio Cruz Criminal Defense: Leading Assault Lawyers in Central Florida
At Sergio Cruz Criminal Defense, we believe that everyone deserves a robust defense strategy, regardless of the nature of their charges. If you’re struggling with how to navigate your assault with a deadly weapons charge, hand the reins over to one of our experienced assault attorneys. Contact our law firm to start building an aggressive defense strategy and fighting for your future.
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In need of a strong defense? Don’t face your charges alone. Get the legal support you need call today or email us. Your defense starts here.
