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  1. #1
    Join Date
    Feb 2009
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    5

    Default Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    My question involves criminal law for the state of: florida

    okay to sum it up in a nut shell my ex girlfriend called the cops on me and said i pulled a gun on her . i was charged with aggravated assault w/ firearm. the odd things are this:
    1)one of the officers said "because of low audio quality" he could not follow the agruement we had on the speakerphone but he clearly heard me say i will shoot someone. will that even stand up in trial?

    2)at the dispositon the victim said i entered her apartment while her mother was sleeping and threw her on the wall, screamed, and committed the offense. when i left her place her mother woke up because she heard the victim crying. if i did these allegations wouldn't the mother be fully awoke?? will this stand up in trial.

    3)i came to the local police precinent to talk to the officers. i submitted a voluntary search of my car. they found no weapon. can i be convicted by a jury of this charge even if no weapon was ever present??

    quick references they are no witnesses that seen me or her,basicallly my word versus hers. plus my cousin rode with me over to her place prior to the allegations and will testify that i did not have a gun.

    the worst, i qualify for prr because i was released from prison 2 years ago and a minium of 5 years day for day. please help!!!

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    1)one of the officers said "because of low audio quality" he could not follow the agruement we had on the speakerphone but he clearly heard me say i will shoot someone. will that even stand up in trial?
    Yes theres your witness

    784.021 Aggravated assault.--

    (1) An "aggravated assault" is an assault:

    (a) With a deadly weapon without intent to kill; or

    (b) With an intent to commit a felony.

    (2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    790.07 Persons engaged in criminal offense, having weapons.--

    (1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (2) Whoever, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, and s. 775.084.

    (3) The following crimes are excluded from application of this section: Antitrust violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy, or other similar offenses.

    (4) Whoever, having previously been convicted of a violation of subsection (1) or subsection (2) and, subsequent to such conviction, displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or carries a concealed firearm while committing or attempting to commit any felony or while under indictment is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Sentence shall not be suspended or deferred under the provisions of this subsection.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,269

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    Quote Quoting nbaker5
    View Post
    okay to sum it up in a nut shell my ex girlfriend called the cops on me and said i pulled a gun on her . i was charged with aggravated assault w/ firearm. the odd things are this:
    1)one of the officers said "because of low audio quality" he could not follow the agruement we had on the speakerphone but he clearly heard me say i will shoot someone. will that even stand up in trial?
    Sure it can. I suspect the prosecution will play the audio for the jury and they can make up their own minds.

    2)at the dispositon the victim said i entered her apartment while her mother was sleeping and threw her on the wall, screamed, and committed the offense. when i left her place her mother woke up because she heard the victim crying. if i did these allegations wouldn't the mother be fully awoke?? will this stand up in trial.
    I have known people to sleep through explosions ... mom sleeping through a violent confrontation on the other side of the house is not unbelievable. Your attorney, however, can attempt to make hay out of the mother's claims and a jury can decide if she is credible.

    It is also possible that between one and two the DA may decide there is insufficient evidence to proceed. Who knows?

    3)i came to the local police precinent to talk to the officers. i submitted a voluntary search of my car. they found no weapon. can i be convicted by a jury of this charge even if no weapon was ever present??
    Obviously, if you wernt to the police you had ample time to dispose of any weapon. They don't NEED a weapon to prove the case. They can use victim/witness statements, the phone call, and the officer's own observations as evidence.

    quick references they are no witnesses that seen me or her,basicallly my word versus hers. plus my cousin rode with me over to her place prior to the allegations and will testify that i did not have a gun.
    Actually, all he can testify to is that he did not see you with a gun. Unless the two of you did a strip search prior to your walking to the door of her house, he can't possibly testify that you did not have a gun, only that he did not see you with one.

    the worst, i qualify for prr because i was released from prison 2 years ago and a minium of 5 years day for day. please help!!!
    Sounds like your credibility may be in question in this if you have a record and are on parole.

    Have you spoken to an attorney, yet?

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    A few thoughts:

    1 All calls to 911 are recorded. Where is the tape?

    2 The officer did not OBSERVE anything. How would the cop have heard the threat?

    3 You say the police never found a gun. That sounds to me like you had one, but you think they can' prove it.

    4 It also sounds like you are a convicted felon. Expect weapons charges.

    5 Get a lawyer.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,269

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    Quote Quoting divemedic
    View Post
    1 All calls to 911 are recorded. Where is the tape?
    Probably archived.

    2 The officer did not OBSERVE anything. How would the cop have heard the threat?
    Probably heard it later when conducting some follow-up on the incident.

    3 You say the police never found a gun. That sounds to me like you had one, but you think they can' prove it.
    Kinda what I was thinking.

    Has the OP ever actually denied any of this??

    4 It also sounds like you are a convicted felon. Expect weapons charges.
    Yep.

    A plea deal to get rid of the weapon based offenses might be in his future.

    5 Get a lawyer.
    Double ditto!

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    im lost. could u break that down to layman's terms

  7. #7
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    Feb 2009
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    5

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    i just heard the 911 call. she said no reference of me having a gun on the call. whats next???

  8. #8
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    Feb 2009
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    5

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    Quote Quoting DonnyC
    View Post
    Yes theres your witness
    im lost. could u break that down to layman's terms

  9. #9
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    Feb 2009
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    5

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    Quote Quoting DonnyC
    View Post
    Yes theres your witness
    Quote Quoting divemedic
    View Post
    A few thoughts:

    1 All calls to 911 are recorded. Where is the tape?

    2 The officer did not OBSERVE anything. How would the cop have heard the threat?

    3 You say the police never found a gun. That sounds to me like you had one, but you think they can' prove it.

    4 It also sounds like you are a convicted felon. Expect weapons charges.

    5 Get a lawyer.

    i just heard the 911 call. she said no reference of me having a gun on the call. whats next??

  10. #10
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses

    The next step is to get a lawyer. He will most likely look at the evidence, and attack it based on what is and is not there.

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