possession of firearm by adelinquent and assult/agg with deadly weapon without intent to ****

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possession of firearm by adelinquent and assult/agg with deadly weapon without intent to ****

what are the guide lines for a charge like these

Asked on May 16, 2009 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Guidelines for these all depend on the criminal history of the individual, and other factors.  Try reviewing the following:

 

790.23  Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.--

(1)  It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

(a)  Convicted of a felony in the courts of this state;

(b)  Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

(c)  Convicted of or found to have committed a crime against the United States which is designated as a felony;

(d)  Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

(e)  Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

(2)  This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

(3)  Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)  Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

 

 

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.

 

 

The hyperlink for this

775.082  Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

 

The hyperlink for this 775.083  Fines.


The hyperlink for this 775.084  Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.


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