Firearms for Protection and Aggravated Assault

Here is a common fact pattern I have seen since the earliest days of practicing Florida criminal defense law: 

A citizen is driving along the highway in their vehicle. They are a concealed weapons permit holder or not. Suddenly, out of nowhere, they are confronted with an aggressive driver - perhaps they are in the left lane on a busy highway doing 50 miles per hour in a 45 mph zone. 

The aggressive driver, not getting that "slower traffic keep right" means "slower traffic up to the lawful maximum speed limit and not over it, keep right," becomes angry. As the anger builds, the aggressive driver begins to flash the headlights, honk the horn, and as the anger begins to overcome emotional restraint, ultimately makes a risky pass and runs the first driver off of the road.

The victimized driver resumes driving, but pulls a handgun from the glove box or back seat or wherever, and puts on the passenger seat. After all, this is why the victimized driver got the gun in the first place: protection.

Due to the ebb and flow of traffic, the victimized driver ends up in front of the aggressive driver again, albeit in the right lane. The aggressive driver, unable to let the prior incident go, begins to hound the victimized driver, as traffic melts away and no one is around. Aggressive driver honks the horn continuously, flashes the headlights, pulls back and races up to within a few feet of the victimized driver's bumper. And ultimately, pulls alongside motioning for the victimized driver to pull over so they can fight on the side of the road.

Finally, after another attempt is made to run victimized driver off of the road, the repeatedly traumatized victimized driver has had enough and displays the holstered gun to aggressive driver in order to be free of this highway abuse. Aggressive driver immediately backs off, and for a moment, victimized driver breathes a sigh of relief. Until the realization dawns that aggressive driver follows every twist, every turn and even every u-turn, until help finally arrives in the form of blue lights flashing.

Both vehicles pull over, as a second police car arrives. Victimized driver is then stunned to be ordered out of the vehicle by police officers with drawn guns, ordered to lie on the ground, and is searched, cuffed and pulled up.

Aggressive driver dialed 911 and claimed that victimized driver did everything that aggressive driver actually did, and also claims that victimized driver pointed a gun at aggressive driver and that aggressive driver then called 911 . . . for protection.

Victimized driver is then arrested, charged with Aggravated Assault with a firearm, and taken to jail.  

After a night in jail, the victimized driver then sees a judge the next day, makes a bail bond, and is released.

Much to the victimized driver's horror, he or she learns that the minimum penalty under the law is three (3) years in prison with no gain time. Thus the victimized driver, who bought the gun in self-defense, learns that the only key out of the courtroom is a trial by jury: A win brings freedom. A loss means up to two additional years in prison. 

Imagine being confronted with a plea "bargain" of three (3) years in prison and risking five (5) if a jury believes the aggressive driver.

Now, imagine the terrifying decision process regarding the risks of a jury trial taking place after a spate of well publicized shootings at movie theaters, shopping malls, work places and schools. 

Welcome to my daily experience as a criminal defense attorney practicing Florida Criminal Law. Cobb Criminal Defense Law Firm handles at least one weapons and firearms case like this each month.