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Florida Case Of Aggravated Assault with a Firearm

1A West Palm Beach resident, Kenneth Burroughs, is being held at Palm Beach county jail on weapons charges, according to Palm Beach County Sheriff’s Office. The incident reports Mr. Burroughs’ alleged confrontation with a bail bondsman occurred this past Friday.

After being called to investigate the bondsman shooting, Sheriff’s detectives found three weapons — a shotgun, a .38-caliber pistol and a .38 special revolver — during a court-approved search of the North Haverhill Road residence of Kenneth Burroughs. According to Deputy Eric Davis, Mr. Burroughs admitted to sheriff’s officers that he owned the weapons.

Burroughs was arrested early Saturday and charged with aggravated assault with a firearm, felon in possession of a firearm, shooting within a dwelling, and child neglect. Criminal history revealed that he has been convicted of seven past felonies. For full details, please see source.

When is Gun Possession Illegal?

If someone knowingly has in his or her possession a firearm, but is not a legally licensed gun holder – this includes those without a valid permit, on probation, or have some other restriction that does not allowed them to possess a gun.

The gun generally doesn’t have to be loaded, but it must be capable of discharging ammunition.

Often different rules apply to when it is permissible to carry a gun in public versus having a firearm in one’s home.

A juvenile offense can have serious consequences for both the child and the parent, and legal guidance is extremely important.  The stages of the Juvenile Justice System are different than the adult system and cases typically travel through the juvenile system much faster.

In Florida, individuals often carry weapons and firearms for safety.  However, even though this is a right afforded to them by the constitution, an individual has to first obtain a license that permits him or her to possess that weapon or firearm. If you have been arrested for illegalpossession of a firearm, it is vital that you contact a knowledgeable weapon or firearms attorney who can advise you or the appropriate legal steps.

Aggravated Assault With A Deadly Weapon

The FBI’s Uniform Crime Reporting (UCR) Program defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.  The UCR Program further specifies that this type of assault is usually accompanied by the use of a weapon or by other means likely to produce death or great bodily harm.  Attempted aggravated assault that involves the display of—or threat to use—a gun, knife, or other weapon is included in this crime category because serious personal injury would likely result if the assault were completed.

Florida Statutes on Weapons Charges

An assault is 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. An assault in Florida is a 2nd degree misdemeanor. See Florida Statute 784.011

An aggravated assault is an assault committed with a deadly weapon. An aggravated assault is a third degree felony punishable by up to five years in the state prison system, but it is subject to severe mandatory sentencing enhancements that can more than triple that time. See Florida Statute 784.021.

Where the deadly weapon is a firearm or destructive device, the crime or its attempt carries a mandatory minimum prison sentence of 3 years. Where the firearm or destructive device is also discharged during the crime the mandatory minimum sentence is 20 years. See Florida Statute 775.087.

Florida Criminal Lawyer, Andrew D. Stine, has handle and prepared defenses for hundreds of weapons charges since 2001. The defenses and arguments on weapon charges ought to be left to an experienced criminal attorney who understands the law, applicable defenses, DNA, finger prints, tangible evidence like bullet fragments, casings, and the operation of weapons. Attorney Andrew D. Stine has been handling weapons since childhood, and has extensive training and knowledge from over 11 years of service in the US Army on all types of weapons. Do not leave you or a loved one’s fate to be decided by someone without weapon knowledge. Hire only the best criminal defense lawyer with more weapon knowledge than most attorneys in Florida: Andrew D. Stine.

Palm Beach County Weapons and Firearm Charges Lawyer

Andrew D. Stine serves individuals who are facing gun or weapon charges in Palm Springs, North Palm Beach, Lake Worth, Tequesta, West Palm Beach, and the surrounding areas. As a qualified defense attorney, Stine has served over 5,000 clients throughout Florida. This experience has given him the legal prowess necessary to handle many different types of cases.

Contact Andrew D. Stine, P.A. at 561-832-1170 and set up a free consultation on your gun or weapon charge. The sooner you consult with Stine, the sooner he can begin preparing pretrial motions that could potentially have your charges reduced or dismissed.

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