Under Florida law, aggravated assault is not just a threat—it’s a threat with a weapon, intent, or high stakes. It’s a felony offense that can carry years in prison—even if no one is physically hurt.
Here’s what qualifies as aggravated assault in Florida, how it’s different from simple assault, and how a skilled criminal defense lawyer can fight the charge.
🔹 The Legal Definition
Florida Statute § 784.021 defines aggravated assault as:
An intentional, unlawful threat by word or act to do violence to another person, with:
The apparent ability to carry out the threat
The act creating a well-founded fear in the victim
The use of a deadly weapon without intent to kill, OR
The intent to commit a felony
📌 Related: Fort Lauderdale Violent Crime Defense
🔹 What’s the Difference Between Assault and Aggravated Assault?
| Charge | Weapon Involved | Felony? | Max Penalty |
|---|---|---|---|
| Simple Assault | No | Misdemeanor | 60 days jail |
| Aggravated Assault | Yes or felony intent | Yes (3rd degree felony) | 5 years prison & $5,000 fine |
🔹 Examples of Aggravated Assault
Waving a gun or knife during a heated argument
Threatening someone with a bat while yelling threats
Pointing a firearm in a road rage incident
Raising a bottle to strike during a bar fight
Even if the weapon isn’t used—and no one is injured—the threat and fear alone can trigger a felony charge.
🔹 What Counts as a Deadly Weapon?
A deadly weapon can include:
Guns (loaded or unloaded)
Knives
Baseball bats
Tools or glass bottles used to threaten
⚖️ It doesn’t have to be fired, used, or even touched—just present in a threatening context.
🔹 Penalties for Aggravated Assault in Florida
Third-degree felony
Up to 5 years in prison
Up to $5,000 in fines
Mandatory minimums if a firearm is used under Florida’s 10-20-Life statute
📌 Related: Weapons Crime Defense in Florida
🔹 Defenses to Aggravated Assault
Your defense lawyer may argue:
❌ You didn’t actually threaten violence
😱 The “fear” wasn’t reasonable or well-founded
🔫 You didn’t use or display a deadly weapon
🛡️ Self-defense under Florida’s Stand Your Ground law
✅ Why This Charge Needs Immediate Legal Attention
Even if no harm was done, an aggravated assault conviction can:
Make you a convicted felon
Strip your firearm rights
Disqualify you from sealing or expunging your record
Lead to mandatory prison time if a firearm was involved
📞 Accused of Aggravated Assault in Florida?
📞 Call today for a free case review. We’ll break down your case, challenge the State’s assumptions, and build the strongest defense possible.
🙋♂️ What People Ask About Aggravated Assault in Florida
Q1: Is aggravated assault a felony in Florida?
🧱 The presence of a deadly weapon or the intent to commit another felony elevates a simple assault to aggravated.
Q2: What makes an assault “aggravated”?
🧱 The presence of a deadly weapon or the intent to commit another felony elevates a simple assault to aggravated.
Q3: Do I have to hurt someone to be charged?
❌ No. Threat + weapon + fear = aggravated assault—even if there’s no physical injury.
Q4: Can I use Stand Your Ground as a defense?
🛡️ Possibly. If you reasonably feared for your safety and acted lawfully, your lawyer can file a motion to dismiss under Stand Your Ground.
Q5: Can I seal or expunge an aggravated assault charge?
📁 Only if the case is dismissed or reduced. Convictions for violent felonies are not eligible for sealing or expungement in Florida.