Driving in Florida is often stressful. You might find yourself in a heated moment after someone cuts you off on Interstate 75 or U.S. Route 41. If you react by brandishing an object or swerving your car toward them, you could face an aggravated assault charge.
Florida law defines assault as an intentional, unlawful threat that makes another person fear immediate violence. To win a conviction, the state must prove you had the “apparent ability” to carry out that threat right then and there. When you use a “deadly weapon,” such as a firearm or even your vehicle, the state upgrades the charge to a third-degree felony.
When a disagreement becomes a crime
Police often make arrests based on a single person’s account of the event. They may not see the full picture of what happened before they arrived at the scene. Common scenarios that lead to these serious felony charges include:
- Pointing a firearm at another driver, which carries a three-year mandatory minimum prison sentence under Florida’s 10-20-Life law
- Intentionally “brake-checking” or swerving to force another car off the road using your vehicle as a weapon
- Exiting your car at a red light while holding a crowbar, bat or other object capable of causing great bodily harm
These actions can lead to a permanent criminal record and significant prison time. Prosecutors must prove that your actions created a well-founded fear of “imminent physical harm” to secure a conviction.
How attorneys build strong defense strategies
A felony charge feels overwhelming, but it does not guarantee a conviction. You have the right to share your side of the story and challenge the evidence against you. Skilled criminal defense lawyers look for inconsistencies in witness statements and gather traffic camera footage to show the objective truth.
Experienced attorneys focus on proving you lacked the intent to do harm or that you acted in self-defense. Sometimes, they demonstrate that the other driver was the actual aggressor who instigated the entire confrontation. They work to get charges dismissed or reduced to a lesser offense through negotiation.
Do not face the legal system alone after a road rage arrest. The knowledgeable attorneys at the Law Firm of Scott T. Moorey believe good people deserve a second chance and a strong voice in court. Contact the firm to schedule a free consultation.
