Under Florida law, there is a 3-year mandatory minimum prison sentence for anybody found guilty of aggravated assault on a law enforcement officer.
Aggravated assault on a law enforcement officer can include the use of a firearm or any other deadly weapon.
You may recall from previous posts that an aggravated assault is placing somebody in fear of imminent bodily harm and using or displaying a deadly weapon in carrying out that assault.
So if you were to aim a gun at a police officer, you would be committing the crime of aggravated assault on a LEO.
Many times, people who flee the scene of a traffic stop are charged with aggravated assault on a LEO if the police officer thinks that the accused was trying to strike them with the car. Under the aggravated assault statute, a vehicle can be considered a deadly weapon.
Aggravated assault on a LEO is a tough crime to deal with because a police officer is the alleged victim. Prosecutors give special attention to cases involving police officer victims. And since there is a 3-year mandatory minimum sentence, only the State Attorney can waive the mandatory minimum. If the police officer victim wants to see you in prison, you'd better believe that the State will seek prison.
I am a Miami-Dade County criminal defense attorney who practices in Miami and Broward. If you or a loved one are facing aggravated assault on a LEO charges, contact me to discuss your case.