Last updated November 2025
Aggravated assault in Florida is a serious felony — punishable by up to 5 years in prison for a third-degree felony, or more if a weapon is involved. But like many criminal charges, aggravated assault cases often hinge on details the State struggles to prove.
As a Fort Lauderdale criminal defense attorney and former prosecutor, I’ve defended aggravated assault cases across South Florida and know what it takes to win.
📜 Florida Law on Aggravated Assault
Under Florida Statute §784.021, aggravated assault means:
An assault with a deadly weapon without intent to kill, or
An assault with intent to commit a felony
👉 Related: Assault vs Battery in Florida
🚨 Penalties
3rd-degree felony: Up to 5 years prison & $5,000 fine
Enhanced penalties: If firearm is discharged, minimum mandatory sentences may apply under Florida’s 10-20-Life law
Permanent record: Felony convictions cannot be sealed or expunged
🛡️ Defense Strategies That Work
Self-defense / Stand Your Ground — Florida’s broad self-defense laws often apply when someone reasonably feared harm.
False allegations — Many aggravated assault cases come from disputes where the alleged victim exaggerates or fabricates.
Weapon disputes — Was the object truly a “deadly weapon”? Everyday items may not qualify.
Lack of intent — The State must prove intent beyond a reasonable doubt.
Constitutional violations — Illegal searches, Miranda issues, or improper identification procedures may lead to suppression.
📣 Why Early Defense Matters
Aggravated assault charges can often be reduced or dismissed with strong pre-filing advocacy. Early intervention may prevent harsh enhancements or allow negotiation to lesser charges.
👉 Charged with aggravated assault in Florida? Call today for a free consultation.
👉 Learn more about our Fort Lauderdale Criminal Defense Services.
❓ FAQs
1) Is aggravated assault always a felony in Florida?
Yes. It is classified as a felony offense, usually 3rd degree.
2) What makes an assault “aggravated”?
Use of a deadly weapon or intent to commit a felony.
3) Can I claim self-defense?
Yes. Self-defense and Stand Your Ground laws frequently apply.
4) Can aggravated assault charges be reduced?
Yes. They may be reduced to simple assault or dismissed entirely if evidence is weak.
5) Can aggravated assault ever be sealed or expunged?
No, not if you are adjudicated guilty. Diversion or dismissal is necessary to preserve eligibility.