bucs90
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- Feb 25, 2010
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Under Florida Law (See below), drawing a firearm (even without the intent to kill) can be construed as a threat rising to the level of Aggravated Assault. A felony. Under Florida Statute 776.041 Aggravated Assault negates the self defense claim.
Supporters for Zimmerman better hope there is no proof Zimmerman drew his weapon and used it to threaten Martin.
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
784.021 - Aggravated assault. - 2011 Florida Statutes - The Florida Senate
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Wrong. Drawing a firearm, with no intent to use it, would be a "Pointing or Presenting a Firearm".
"Aggravated" assault means: An assault HAS occurred. The "aggravated" is just a situation that amplifies the severity.
Otherwise, a cop would be "assaulting" a person every time they drew their firearms on traffic stops, thus enabling the driver to use deadly force to resist that traffic stop: Obviously not the case.
Had Zimmerman drawn the weapon...then pistol whipped Trayvon...that would be aggravated assault.
Flashing his gun to scare Trayvon? Not assault. That would be "Pointing or Presenting a Firearm".
Learn the law first.
784.011 Assault.
(1) An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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.
Read the law yourself.
If Zimmerman pulled his weapon and used it to threaten Martin, then you have assault ("unlawful threat by word or act to do violence to the person of another") aggravated with the use of a lethal weapon ("With a deadly weapon without intent to kill") which raises the incident to Aggravated Assault which is a forcible felony. Those committing a forcible felony have their self defense claim negated under Florida Law 776.041.
Try again.
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Oh Jesus Christ. You liberals are such fucking idiots. This is like week 1 police academy shit dude.
The "verbal" assault, in all states I'm sure, refers to saying "I will kill you".
The "aggravated" attachment, in regards to the weapons part, means the WEAPON did the actual harm/assault. Simply being armed while using VERBAL words to commit the assault does not make the weapon an aggravated circumstance. That would be simple assault, plus pointing and presenting. Aggravated Assault "WITH" a deadly weapon, meaning the weapon did the harm, is different than an assault via verbal threats "while armed". Those are two VERY different legal situations.
If you had ever attened a basic police academy, or worked with city attorneys on how/why "aggravating" circumstances apply, you'd know that.
So....lets review:
A) Holding a baseball bat, and yelling at your neighbor "I'll come over there and beat your ass": Simple verbal assault.
B) Taking that baseball bat over there and cracking him in the ribs with it: Aggravated Assault.
BTW, Pointing and Presenting, in most states, is a felony and FAR more serious than a simple verbal assault. Which is why when most dirtbag thugs pull a gun on someone, they are charged with that...not assault. Althought in 99% of cases, when someone points a gun, they are robbing them or end up shooting them, so the aggravated robbery, attempted murder, etc, kicks in.
There. I'm charging tuition next time.