Legal Question in Criminal Law in Florida

Agg Assault With Deadly Weapon

I have been charged with agg assault with deadly weapon police affadavit states I threatened a persons life with a tire iron but never hit the person. Not did this never happen but the state has no such weapon as evidence as well as they cant even locate the victim. I cant afford a laywer and I was wondering what to expect out of all this mess I spent 60 days in the can already and with alot of pushing with the pub def I managed to get pretrial release..

I have never had a violent crime and I do not have much of a record.

How can they even maintain the charge with no evidence ? Thank you in advance.


Asked on 10/11/08, 8:05 am

1 Answer from Attorneys
Robert Thompson The Law Office of Robert C. Thompson, Jr., P.A.

Re: Agg Assault With Deadly Weapon

The State can proceed with the case against you without the weapon and without the victim if: 1) Another witness can testify that you committed the elements of the offense; or 2) The victim relayed facts consituting the element of the offense while she was in an excited state. (Excited utterance exception to the rule against hearsay.)

You should not talk to anyone about your case. Discuss your defense with your attorney as soon as possible.

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Answered on 10/11/08, 12:10 pm


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