January, 2012

Florida Statewide Aggravated Assault Defense Attorneys Whittel & Melton :: Law Student Accused of Firing Shots at His Roommate and Threatening His Ex-Girlfriend

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.

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April, 2011

Orlando, Florida Criminal Defense Attorney :: Big “O” Charged with a Big “A” - Assault At a Weekend BBQ

Police arrested former NBA center, Oliver J. Miller, Tuesday for allegedly striking a man in the face with a handgun at a cookout over the weekend. He was charged with two counts of first and second degree assault.

Miller, 41, faces charges of assault, reckless endangerment, disorderly conduct and other related charges. Police were called to the cookout on Saturday around 8 p.m. after witnesses said Miller pulled out a Glock handgun and struck a 32-year-old man in the face.

The Big “O” was a first round draft pick for the Phoenix Suns in 1992 out of the University of Arkansas. He has since played for no less than 18 professional teams around the world, including the Harlem Globetrotters.

According to the Baltimore Sun, the man was taken to Anne Arundel Medical Center for injuries not considered life-threatening.

Many assault charges trace back to fights that got out of control. If you are arrested for assault it does not mean that you started the fight, many times it simply can mean that the other person called the police first. When you are arrested for aggravated assault you face serious felony criminal charges. Aggravated assault is a second-degree felony that is defined as a crime of violence. This felony charge is a violent act that causes bodily harm or permanent disfigurement or disability to the injured party. Under Florida law, felony assault can be charged when a deadly weapon is used. The use of a firearm in any assault case can elicit prosecution under Florida's 10-20-Life statute. Use of a firearm can also increase the degree of felony that is charged.

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