A. The difference between these two charges is separated by what act or acts characterize the assault, and what means are used to carry it out. “Assault” is defined as an intentional, unlawful threat by word or act, to do violence to another person coupled with the apparent ability to do so, and the doing of some overt act that creates a well founded fear in the victim that such violence is imminent. [Florida Statute 784.011]. ” Aggravated assault” is an assault committed with a deadly weapon.. [Florida Statute 784.021].
Q. What types of charges and sentencing are associated with these crimes?
A. In the State of Florida, a simple assault charge is a second degree misdemeanor punishable by up to sixty days in jail and aggravated assault is a third degree felony that punishable by up to five years. Other circumstances associated with this crime, however, may substantially increase that sentence.
If you or someone you know has been charged with any form of assault, you need an aggressive criminal attorney that will defend your rights. Andrew Shafii, Esq., and Mustafa Ameen, Esq. are former prosecutors who are knowledgeable about these crimes and are dedicated to helping you face the serious consequences associated with them. Call 1-800-436-4357 for a free consultation.
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Imagine you are about to make your way home from your favorite hang out after an evening of visiting with some friends. You have 3 or 4 drinks over the span of an hour or so and feel slightly buzzed, but decide to drive home instead of calling a sober friend or taking an expensive taxi. To avoid smelling like alcohol, you spray some cologne, pop a piece of gum in your mouth and begin to drive away—but if you think that eliminating the smell of alcohol eliminates an officer’s probable cause to conduct a DUI investigation—think again.
Even without the strong or obvious smell of alcohol emanating from your vehicle, an officer may garner probable cause from an array of other circumstances. For instance, if you are exhibiting other signs of intoxication such as blood shot eyes, slurred words, difficulty following conversation, or any combination of these or other red flags, an officer may be able to establish probable cause for a DUI investigation based on “the totality of the circumstances”. In other words, all an officer needs to run a valid DUI investigation is the sufficient exigent evidence to establish reasonable grounds for it.
If you or someone you know has been charged with a DUI in Hillsborough, Pasco, Pinellas, Manatee, or Sarasota County, call the Law Office of Ameen and Shafii at 813-436-4357 for your free DUI consultation. Andrew Shafii, Esq., and Mustafa Ameen, Esq., are experienced DUI attorneys and former prosecutors who can answer any questions you may have about your rights as well as possible defenses you may have to your charge.
Have you or someone you’ve known been charged with theft in Tampa, Florida? This charge can have a far-reaching impact on the rest of your life in terms of your livelihood, housing qualifications, and how society perceives you in general. When facing a charge like theft, it is important to know the laws where one will be prosecuted and how one can defend his case. For example, penalties for theft vary depending on the degree of the charge. Degrees are determined largely by the property value of the items allegedly taken. For stolen property between $100 and $300, Florida will prosecute a first time offender with petit theft, which is a second-degree misdemeanor punishable by up to sixty days of prison and a fine up to $500. Other factors can increase the severity of penalties incurred by the defendant, if convicted. For instance, if the property is taken from a premise other than a home, the charge will elevate to a theft charge in the first degree. More serious grand theft charges are felonious in nature. The prosecution pursues felony theft charges against defendants accused of stealing property valued at or above $300. Differences in penalties arising under misdemeanor and felony theft charges vary drastically depending on the degree of the alleged crime and the criminal history of the offender. If you or someone you know is facing a theft charge of any type, contact the Law Office of Ameen & Shafii to begin fighting your charge. Andrew Shafii, Esq. and Mustafa Ameen. Esq. are former prosecutors who have the experience and knowledge to help you defend your case. Call us today at 813-236-4357 for your free criminal consultation!
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A first-time DUI offender will not be sentenced to more than 6 months of jail time. Keep in mind the average sentencing for a first time offender will increase with exacerbating factors. For example, factors such as having a minor in the vehicle or a Blood Alcohol Level of .15 can land a first-time DUI offender a maximum sentence of 9 months.
Q. What are the sentencing averages for a second-time DUI conviction? How does this change if the DUI convictions are in close range of one another?
Second-time DUI offenders will not serve more than 9 months in jail. Exacerbating factors will increase this type of sentence to up to one year. If the second DUI conviction is received within a 5-year- span, imprisonment of at least 10 days is mandatory.
When appropriate, DUI sentences can be served alternatively in a rehabilitation facility at the court’s discretion. If you or someone you know has been charged with a DUI, call the experienced former prosecutors at the Law Office of Ameen and Shafii at 813-436-4357 today for your free consultation.
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In most circumstances, the Judge in your case has issued a no contact order. This means that you are not allowed to contact the alleged victim in the case by any means, in person, call, text, email or through a third person. This can create a problem in situations where you and the alleged victim have children in common or need to communicate to resolve some issue. If the alleged victim does want to communicate with you or attempts to contact you, DO NOT contact them back. Get in touch with our office and we can get the Judge to modify the no contact order. This will allow you to legally communicate with each other. If you violate the no contact order, the Judge can hold you in contempt of court and/or revoke your bond and take you back into custody. There is a specific court division that handles domestic violence cases. Mustafa Ameen was assigned there as an Assistant State Attorney and understands the complexities of these kinds of cases. Contact Ameen and Shafii, former prosecutors and criminal defense attorneys from Tampa to discuss your case further.
Q. Are there any viable defenses to a domestic battery charge?
There are several defenses and technicalities that can defeat a domestic battery charge. The most commonly used is self defense. A common misconception is that If the alleged victim does not want to go forward with the case that the Assistant State Attorney will dismiss it. This is not the case. The decision to go forward or dismiss the charge is up to the Assistant State Attorney, not the alleged victim. However, if the alleged victim does not want to go forward with the case, here at Ameen and Shafii we know how to frame the case to get a dismissal. We are experienced Tampa criminal defense attorneys and will fight your domestic violence charge.
Q. How will a charge of this nature affect my future?
Having a domestic violence charge on your record is a serious matter. Employers will see that you have a propensity for violence and will be very reluctant to hire you. The best thing to do is to fight your Tampa domestic violence charge by calling The Law Office of Ameen and Shafii at 813-436-4357. We have helped thousands of clients fight their Tampa criminal charges and have the experience and passion to defend you.
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