Florida Criminal Attorney Blog
A Florida Ave Maria law school student is being held on $1 million bond after police claim he supposedly pointed a gun at his ex-girlfriend and fired shots at his roommate.
The 25-year-old student was charged Friday with attempted murder and aggravated assault with a deadly weapon.
According to the Naples Daily News, the man allegedly forced his roommate and ex-girlfriend to their knees on the street while pointing a gun at them. The woman apparently ran to the apartment to call the police, while the man fired several shots in the air.
The man allegedly ordered the roommate to his feet while pointing the gun at him. According to reports, no one was injured.
The man is scheduled to make his next court appearance on Feb. 6.
Aggravated assault can be defined as the use of intentional force that puts another individual in fear of impending danger. Certain circumstances can elevate this crime to be considered aggravated including:
Use of a deadly weapon
Assault against a family member or relative
Assault against a police officer
Assault that results in serious bodily injury
The use of a deadly weapon is not limited to a gun, and may include any type of instrument capable of bringing about serious bodily injury or harm. In the State of Florida, aggravated assault with a deadly weapon is a third-degree felony carrying consequences of up to five years in prison. However, if a person is charged with aggravated assault with a firearm a mandatory minimum sentence of three years in prison must be enforced.
For an aggravated assault with a deadly weapon charge, the State does not have to prove that you harmed another person or that you even made physical contact with the person. If it can be shown that you had the ability and the intent to inflict harm on another person, then you can be charged with this crime. In fact, simply threatening someone with a dangerous device, with an apparent ability to carry out the threat, can result in an aggravated assault arrest.
The Florida Aggravated Assault Defense Attorneys at Whittel & Melton work with investigators and related experts to exhaust all probable defenses to get your aggravated assault charges dismissed. There are numerous defenses that may be grounds for challenging the accusations including self-defense, provocation, defense of your property and defense of a third person. In addition, any faults with evidence must be exposed. Our attorneys can work to uncover any unlawful search and seizure issues as well as any conflicts with evidence or witness testimony.
If you or someone you love has been charged with aggravated assault with or without a deadly weapon in the state of Florida, contact the Florida Aggravated Assault Attorneys at Whittel & Melton online or call us statewide and toll-free at 1-866-608-5LAW (5529).