Legal Question in Criminal Law in Florida

If you have a large knife and you point it at EMT before they leave their ambulance car and they seem to be afraid and leave, will this be considered Willful kill Homicide or not? I am pretty sure if it a loaded gun it will but what about a large knife? Will this be aggregated assault and willful kill or one of each or both?

Asked on 6/30/20, 4:23 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

It isn’t homicide if no one dies. Aggravated assault with a deadly weapon means threatening someone or making them have a reasonable fear of imminent harm. I think there may be a decent argument that it isn’t assault because of the distance and having a vehicle between them. That’s different than a gun which fires a projectile and thus a person being in their car would still be in danger. In that case it might instead be an improper exhibition of a weapon, which is still a crime but less serious. Ultimately, these sorts of things are highly dependent on the specific facts.

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Answered on 6/30/20, 5:19 pm

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