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Originally Posted by FRPLG
Not sure what legal credentials you have but I have none and even I know that whatever evidence there is the defense has to know about it. It is called discovery and it is a basic tenant of our US justice system. The prosecution doesn't get to surprise the dfense with evidence come trial time.
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I'm also not a lawyer, but I know this to be true as well. If the prosecution has evidence, it must by law share it with the defense.
Quote:
Originally Posted by FRPLG
Since the initial details to come out were that Taylor simply pointed the gun and there was no mention of any firing of said weapon I am surprised that the aggravated part of the charge is there. Perhaps in Fla their standards for aggravatd aren't quite as bad as having to have fired the gun. I am guessing this is the first place the prosecution will have to fold on. He didn't fire it so aggravated would seem excessive.
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I'm not certain, but I believe the definition of aggravated assault is simply an assault using a deadly weapon. Since an assault just represents a threat to do harm to someone, all Taylor has to do is point a gun at someone and that equals aggravated assault. I don't think firing it is required to qualify for aggravated assault. But a lawyer would be able to confirm.