Aggravated Assault with a Firearm: Understanding Florida Gun Crime Laws

If you don’t know what you can and cannot do, from a legal standpoint, related to guns in Florida, you may find yourself on the wrong side of the law. For example, if you were to pull your gun to try and alleviate the stress of a road rage incident, even if you had no intention to use it, you may find yourself facing Aggravated Assault with a Deadly Weapon. This is a serious charge and carries serious consequences.

Understanding Assault with a Gun and When You Have Committed Gun Crimes

According to Florida law, “an intentional or unlawful threat by act or word to do some type of violence to another person, along with the apparent ability to do this, creating a sense of fear in the other person” is assault. If you are charged and convicted, Aggravated Assault with a Firearm will carry a mandatory, minimum sentence of 36 months in a Florida State Prison.

 

With this in mind, it is pretty clear why you need to know what you can and cannot do as a gun owner in the state of Florida. While making a claim of self-defense in the case of road rage mentioned before may be viable, this would only really stand up if the other person had used the same type or amount of force as the person who was charged. It will also have to be considered a reasonable amount of force in regard to the circumstances present.

If you find yourself in this type of stressful situation, the best thing you can do is contact a criminal defense attorney in the state of Florid, who can learn about the facts of your case and help build a defense.

The Importance of Training to Avoid Being Charged with Gun Crimes

In most cases, situations like the one described above occur because a person is not informed or prepared. When you are trained on what to do and what you should not do, it can help you prepare for the unexpected and save you quite a bit of trouble down the road. Consider it the same as having a fire-drill and practicing your pre-planned evacuation route.

It is a good idea for all gun owners to take a course that trains them on what is acceptable and what is not acceptable in the state of Florida. There are many options throughout the state and they can help you avoid situations where you are facing gun crimes charges.

If you find yourself in a situation where you have been charged with any type of gun crime, you need to contact a criminal defense attorney in the state of Florida as soon as you can. More information about gun crimes and how you can get legal help can be found by contacting the attorneys at The Law Office of Paul J. Donnelly, P.A. by calling 305-757-3331.

Additional Reading

Criminal Law: What You Need to Know About Resisting Arrest

What You Need to Know About Criminal Law and Riot Charge Defense