Being accused of aggravated assault in Florida is serious — and it can lead to felony charges, mandatory prison time, and a criminal record that follows you for life. But not every aggressive moment or verbal threat rises to the legal definition of aggravated assault.
Let’s break down what this charge really means, what the prosecution must prove, and how a defense lawyer can fight for your future.
⚖️ What Is Aggravated Assault in Florida?
Under Florida Statute § 784.021, aggravated assault is defined as:
- An intentional and unlawful threat to do violence to another person, with:
- An apparent ability to carry out the threat,
- Doing something that causes the other person to fear imminent harm, and
- The use of a deadly weapon or intent to commit a felony.That’s right — you can be charged with aggravatedassault even if you never physically touchedanyone.
🔪 What Counts as a Deadly Weapon?
Florida courts interpret “deadly weapon” broadly. It can include:
- Firearms 🔫
- Knives or blades 🔪
- Baseball bats 🪓
- A vehicle used to threaten someone 🚗
- Even a broken bottle or heavy tool
If the object could reasonably be expected to cause serious injury or death, prosecutors may call it a deadly weapon — even if it was never used.
🧑⚖️ Penalties for Aggravated Assault in Florida
Aggravated assault is a third-degree felony punishable by:
- Up to 5 years in prison
- 5 years of probation
- $5,000 fine
But there’s more — if a firearm was involved, Florida’s 10-20-Life law may apply, triggering mandatory minimum prison terms (even if the gun wasn’t fired).
🔍 How Prosecutors Try to Prove the Charge
The State must prove that:
- You made a clear and intentional threat,
- You had the means to carry it out,
- The alleged victim had a genuine and reasonable fear,
- A deadly weapon or felony intent was involved.
Often, these cases rely heavily on the alleged victim’s perception, 911 calls, and body cam footage — not just physical evidence.
🛡️ Legal Defenses to Aggravated Assault
As your criminal defense attorney, we may pursue defenses such as:
- Self-defense: You were defending yourself or someone else.
- Stand Your Ground: You had no duty to retreat under Florida law.
- False allegation: The accusation is exaggerated or made up during a heated argument.
- No weapon used: There was no deadly weapon or intent to commit a felony.
- Lack of intent: You made no serious threat or your actions were misunderstood.
Even if the prosecution has video or witness testimony, we can challenge the credibility, context, and admissibility of that evidence.
📍Arrested for Aggravated Assault in Fort Lauderdale or South Florida?
A felony assault charge doesn’t have to destroy your life. With the right strategy and experienced representation, you may be able to:
- Get charges reduced or dropped
- Negotiate a non-felony outcome
- Avoid mandatory prison time
At Michael White, P.A., we bring former prosecutor insight to every violent crimes case in South Florida. We know how the State builds its case — and how to break it down.
🟡 Call today at (954) 270-0769, or schedule your free consultation.
🟢 Protect your rights before charges become convictions.
❓FAQs
Q1: Is aggravated assault a felony in Florida?
A: Yes. It’s a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. It becomes more serious if a firearm is involved.
Q2: Do I have to actually hurt someone to be charged?
A: No. You can be charged even without causing physical injury. The charge is based on threats, intent, and whether a deadly weapon was involved.
Q3: What qualifies as a deadly weapon?
A: Anything capable of causing serious harm — guns, knives, bats, tools, even a vehicle — if used to threaten someone.
Q4: Can I claim self-defense in an aggravated assault case?
A: Absolutely. If you were protecting yourself or others from a threat, self-defense or Florida’s Stand Your Ground law may apply.
Q5: Will I go to jail for aggravated assault in Florida?
A: Not necessarily. An experienced criminal defense lawyer can often negotiate reduced charges or alternative sentencing options, especially for first-time offenders.