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Deland Aggravated Assault With A Deadly Weapon Reduced To Misdemeanor Improper Exhibition

Case:  State of Florida vs. XX, Volisia County, Deland, Florida
Judge:  The Honorable Margaret Hudson
Charges:  Aggravated Assault with a Deadly Weapon
Arresting Agency:  Deland Police Department
Facts:  XX, an elderly man, pulled over on the side of the road and on to a driveway to complete a cell phone call. After several minutes a person came towards XX car and what he thought was an aggressive manner. XX, was threatened and as a result shown the person he was armed, but did not point the gun at the victim. XX was arrested for aggravated assault.
Defense:  After depositions and presenting the State of Florida with argument that the assault would be difficult to prove, the State offered an amended misdemeanor charge. XX took the offer as he did not want to risk a 3 year minimum mandatory as the prosecutor was going to amend to improper exhibition of firearm.
Result:  Charge reduced to misdemeanor

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