Barry Gibby and Kelly Brooks, in St. Augustine, Florida, were arrested in connection with theft of case of beer on Veteran’s Day. The arrest was not easy for police. When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase. During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch. After this, Mr. Gibby tried to run from police. Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.
Under Florida Statute Section 784.011, a criminal defendant commits assault if:
- The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.
- At the time, the defendant appeared to have the ability to carry out the threat.
- The defendant’s act created, in the alleged victim’s mind, a well-founded fear the violence was about to take place.
According to Florida Statute Section 784.021, assault becomes aggravated assault if the defendant used a deadly weapon or has the intent to commit a felony.
In Mr. Gibby’s case, the aggravated assault occurred when he allegedly attempted to hit three police cars. However, he may have a defense to this crime. In Jacksonville, Florida and the surrounding areas, in order to be convicted of the crime of aggravated assault with a deadly weapon, the defendant must intend to assault the victim. If Mr. Gibby did not intend to hit the police officers with his vehicle, then he did not commit aggravated assault with a deadly weapon.
In Jacksonville, Florida and the surrounding areas, Aggravated Assault with a Deadly Weapon is a serious offense. If you are charged with Aggravated Assault, you should hire a Jacksonville Florida Aggravated Assault Attorney. A Jacksonville Florida Aggravated Assault Attorney has experience with assault crimes and knows the importance of your case.