Last updated November 2025
In Florida, aggravated assault with a firearm is among the most serious violent crime charges. A conviction not only brings felony penalties but often carries mandatory prison time under the state’s firearm sentencing laws.
If you’ve been arrested in Fort Lauderdale or Broward County, understanding the law and your defenses is critical.
⚖️ Florida Law on Aggravated Assault
Under Florida Statute §784.021, aggravated assault occurs when a person:
Intentionally threatens another with violence,
Has the apparent ability to carry out the threat,
Creates reasonable fear in the victim,
AND uses a deadly weapon such as a firearm.
🚨 Penalties for Aggravated Assault with a Firearm
Aggravated assault with a firearm is a third-degree felony, punishable by:
Up to 5 years in prison.
Up to 5 years probation.
Fines up to $5,000.
However, Florida’s 10-20-Life statute (§775.087) significantly enhances penalties when a firearm is involved:
10 years minimum mandatory if a gun is pulled.
20 years minimum mandatory if the gun is fired.
25 years to life if someone is injured or killed.
🔎 Defenses to Aggravated Assault with a Firearm
Possible defenses include:
Self-defense or Stand Your Ground (justifiable use of force).
Lack of intent to threaten or harm.
False accusations or witness credibility issues.
No firearm involved or misidentification of weapon.
📌 Related: Fort Lauderdale Assault Defense Lawyer
📞 Facing Aggravated Assault Charges in Florida?
These charges carry life-changing penalties. But with the right defense, charges can be reduced, evidence suppressed, or even dismissed.
👉 Call Michael White, P.A. today for a free consultation and protect your rights in Broward County courts.
❓ FAQs
Q1: Is aggravated assault with a firearm always a felony in Florida?
Yes, it is a third-degree felony with enhanced penalties under the 10-20-Life law.
Q2: What is the minimum mandatory sentence?
Pulling a gun = 10 years; firing it = 20 years; injuring/killing = 25 years to life.
Q3: Can self-defense apply to aggravated assault charges?
Yes. Florida’s Stand Your Ground law allows dismissal if force was justified.
Q4: Can a firearm enhancement be negotiated down?
In some cases, yes. Prosecutors may agree to waive the enhancement in plea negotiations.
Q5: Will I lose my gun rights if convicted?
Yes. A felony conviction strips civil rights, including firearm ownership.