Being arrested for a serious crime in Florida is frightening. When you know you’re innocent, this type of incident can be even scarier because you might not know how you’ll convince the prosecutor you shouldn’t be charged. Recently, Port Saint Lucie criminal defense attorney Jeffrey H. Garland, Esq. convinced the prosecuting attorney not to file charges against his client after the police had arrested her for felony aggravated assault with a dangerous weapon and secured a no-information filing.
Factual Background of the Case
A 40-year-old Port Saint Lucie woman had been involved with her boyfriend for six years but was going through a breakup. The two lived together and had not yet moved into separate residences. On June 23, 2024, at 1:29 am, the boyfriend called 911 and reported the woman had pointed a gun at him.
When the police responded, the man told them that he had been sitting in the living room when the woman entered the home through the garage. He claimed she pointed a 9 mm handgun at him, so he went for her. He said she then lowered the gun and went to her room, closing the door.
When the officers contacted the woman, she told them she and the man had been drinking alcohol that evening. She said she didn’t remember anything happening other than the man calling the police and making up a false story about her. She denied pointing a gun at the man but told the officers she did have two guns, including a 9 mm handgun she kept in a drawer in her nightstand and a shotgun she kept in her closet. Officers found the 9 mm handgun in her nightstand’s drawer just as she stated and noted that it matched the description of the gun the man claimed she had pointed at him.
The woman said she had cameras inside her home connected to her smartphone. However, she told the officers she couldn’t remember her password to access the footage. The police placed her under arrest for aggravated assault with a deadly weapon without the intent to kill. The woman retained Florida aggravated assault attorney Jeffrey H. Garland, Esq. to defend her against the criminal case.
Attorney Secures No Information for His Client
Florida aggravated assault attorney Jeffrey H. Garland, Esq. reviewed the woman’s case after being retained. He was able to obtain the video footage from the cameras inside of his client’s house. He saw that the video showed the woman had never pointed a handgun at the man. Instead, the man had falsely reported the incident to the police. After reviewing the video, he shared it with the prosecuting attorney. The prosecutor responded by filing a no information, which meant that no charges would be filed by the state, and the prosecution was terminated.
What is a No Information?
While the police can arrest you based on probable cause that they believe you committed a crime in Florida, they do not have the power to make the final charging decision. Instead, they recommend charges to the prosecuting attorney, who then reviews the evidence and makes a final decision on whether to pursue a criminal case against the defendant.
If a prosecutor decides not to pursue charges, they can file a no information with the court. In the woman’s case, Florida aggravated assault attorney Jeffrey H. Garland, Esq. secured a no-information filing by showing the prosecutor video evidence that the man had lied to get her arrested. With that new evidence, the prosecuting attorney agreed the state should not file formal charges against the woman and instead filed a no-information, which resulted in the end of the case against her. This was a big win for the woman because of the seriousness of an aggravated assault with a deadly weapon charge in Florida.
What is Aggravated Assault with a Deadly Weapon in Florida?
Under § 784.021, Fla. Stat. (2024), aggravated assault with a deadly weapon can be charged if a person makes a credible, intentional threat against another person with a deadly weapon either without intent to kill or with an intent to commit another felony. This offense doesn’t require the defendant to make physical contact, but it does require the person to intend to threaten the other individual and places the victim in a reasonable fear of imminent physical injury or death.
Aggravated assault with a deadly weapon is a third-degree felony in Florida. If she had been convicted, the woman would have faced up to five years in prison and a $5,000 fine.
Contact an Experienced Port Saint Lucie Criminal Defense Attorney
Seek immediate help from a qualified Port Saint Lucie criminal defense attorney at the law firm of Jeffrey H. Garland P.A. if you or a loved one were arrested for a crime. Attorney Garland has over four decades of experience skillfully defending his clients against criminal charges and can advise you on the best defensive strategies. To learn more or to get help with a criminal matter, contact our firm today at (772) 489-2200 for a personalized case evaluation.