2500 Rhode Island Ave, Suite B, Fort Pierce, FL 34947
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2500 Rhode Island Ave, Suite B, Fort Pierce, FL 34947
Call Today: (772) 489-2200

2500 Rhode Island Avenue
Suite B
Fort Pierce, FL 34947

Call Now For A Personalized Case Evaluation

(772) 489-2200

Case Dismissed: No Information Filed in Florida Aggravated Assault with a Deadly Weapon Case

Port Saint Lucie Aggravated Assault lawyer

On September 28, 2024, a domestic dispute in Vero Beach, Florida, escalated into a serious criminal allegation when a woman was arrested and charged with aggravated assault with a deadly weapon under Florida Statute § 784.021. Thanks to the skilled representation of Port Saint Lucie aggravated assault lawyer Jeffrey H. Garland of The Law Office of Jeffrey H. Garland, P.A., the State Attorney’s Office ultimately declined to prosecute, filing a formal No Information and bringing the case to a successful close for the client.

Background: The Events Leading to Arrest

According to law enforcement reports, officers were dispatched to an apartment in Vero Beach in response to a “disturbance in progress.” Upon arrival, they encountered Sharon Bell, who explained that she had moved into the apartment on September 14, 2024. Her roommate, Britney White, had provided her with a key.

Earlier on the day of the incident, Bell had contacted Britney’s ex-husband, Allan White, to assist her in moving personal belongings out of her former residence. White agreed to help, and the two arrived at the apartment together.

When White entered first, his intent was to speak with Britney and defuse potential tension. However, according to Bell, Britney became enraged upon learning that her ex-husband had been helping Bell. Bell alleged that Britney retrieved a firearm from a safe, pointed it directly at her face, and threatened to kill her if she did not leave immediately.

Fearing for her life, Bell left the apartment and encountered law enforcement outside.

Conflicting Accounts of the Incident

Officers then spoke with Allan White, who largely corroborated the timeline but disputed key details of Bell’s version. White confirmed that Britney had retrieved a firearm — a weapon he had given her approximately twenty years earlier — but stated he never saw her point it at Bell’s face. According to White, Britney merely told Bell to “get out” while holding the firearm and then promptly returned it to the safe.

When questioned, Britney invoked her right to remain silent after being advised of her Miranda rights. She did, however, give consent for law enforcement to retrieve the firearm from the safe, providing them with the access code. The weapon was secured without incident.

The Criminal Charge: Aggravated Assault with a Deadly Weapon

Following the investigation, law enforcement charged Britney with aggravated assault with a deadly weapon without intent to kill, citing Florida Statute § 784.021(1)(a).

Under Florida law, aggravated assault is an assault:

  1. With a deadly weapon without intent to kill; or
  2. With an intent to commit a felony.

A firearm is considered a deadly weapon for purposes of this statute, and a conviction carries severe consequences — including the possibility of prison time, probation, fines, and a permanent felony record. Even without intent to kill, simply brandishing a firearm during an alleged assault can elevate the charge from a misdemeanor to a serious felony offense.

Retaining Legal Counsel

Faced with a life-altering criminal accusation, Britney retained Attorney Jeffrey H. Garland, a highly respected Port Saint Lucie Criminal Defense Attorney known for his meticulous case analysis and trial experience. From the outset, Attorney Garland recognized that the case required a thorough examination of the events, the credibility of the witnesses, and the applicability of Florida’s self-defense laws.

The Defense: Justifiable Use of Force

Upon reviewing the evidence and statements, Attorney Garland identified several critical facts that undermined the State’s theory of the case:

  • Lawful Presence – Britney was in her own home at the time of the incident.
  • Unlawful Conduct by the Other Party – While White initially entered with permission, her conduct during the incident was perceived by Bell as threatening.
  • Trespassing Considerations – Given the escalating nature of the encounter, White had grounds to believe Bell was unlawfully remaining on the premises.
  • Self-Defense Protections – Florida law recognizes the right to defend oneself and one’s property using a firearm when faced with an imminent threat.

Under Florida’s “justifiable use of force” statutes — often referred to in connection with the state’s “Stand Your Ground” law — a person is legally entitled to meet force with force, including deadly force, when they reasonably believe such action is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.

Attorney Garland’s investigation revealed that Britney’s retrieval of her firearm was consistent with self-defense and the lawful protection of her property. No evidence suggested she intended to unlawfully harm anyone.

Engaging with the State Attorney’s Office

Rather than waiting for the case to proceed through formal charging, Attorney Garland acted proactively. He presented the facts and applicable law to the State Attorney’s Office, emphasizing:

  • The discrepancies between witness statements;
  • The absence of evidence that the firearm was pointed directly at the alleged victim;
  • The lawful basis for Britney’s actions under Florida’s self-defense provisions; and
  • The lack of criminal intent.

By engaging early, Attorney Garland was able to shift the narrative from one of alleged aggression to one of lawful self-protection.

The “No Information” Decision

Following this review, the State Attorney’s Office filed a formal No Information in the case.

A No Information — sometimes referred to as a “no action” or “no bill” — is filed when the State decides not to pursue prosecution after an arrest but before a formal charging document (information or indictment) is issued.

Key points about a No Information:

  • It ends the prosecution immediately. The defendant is no longer required to appear in court for the case.
  • Bond is released. Any bail or bond posted is returned.
  • It signals insufficient evidence or a legal justification. In this case, self-defense was the determining factor.
  • It does not bar future prosecution if new evidence emerges and the statute of limitations has not expired — but in many cases, the State will not revisit the matter.

The filing of a No Information was a complete legal victory for Britney, sparing her the stress, expense, and risk of a felony trial. 

Why Early Intervention Matters in Criminal Defense

This case illustrates the importance of retaining an experienced Port Saint Lucie aggravated assault lawyer immediately after an arrest. The early stages of a criminal case are critical. A skilled attorney can:

  • Identify weaknesses in the prosecution’s case before formal charges are filed;
  • Present evidence and legal arguments directly to prosecutors;
  • Seek dismissal through a No Information before the matter ever reaches a jury; and
  • Protect the client’s rights and reputation from the outset.

Attorney Garland’s prompt and strategic engagement with the State Attorney’s Office prevented his client from facing the uncertainty of trial and the potentially devastating consequences of a felony conviction.

Contact a Port Saint Lucie Aggravated Assault Lawyer

The Law Office of Jeffrey H. Garland, P.A. takes pride in defending the rights of clients facing the most serious criminal charges. In this case, a thorough investigation, deep knowledge of Florida’s self-defense laws, and decisive advocacy resulted in a No Information — and complete relief for the accused.

If you or someone you know has been arrested for aggravated assault with a deadly weapon or any serious criminal offense in Florida, contact attorney Jeffrey H. Garland immediately. With decades of courtroom experience, he offers strategic, aggressive, and effective defense representation. Contact The Law Office of Jeffrey H. Garland, P.A. today at (772) 489-2200.