Last updated November 2025
Aggravated assault is one of the most serious violent crimes under Florida law. Prosecutors treat it as a felony, and convictions can mean years in prison and a permanent criminal record.
But aggravated assault charges can often be fought — and sometimes beaten — with the right defense.
๐ Florida Law on Aggravated Assault
Under Florida Statute §784.021, aggravated assault is:
An assault (a threat by word or act with the apparent ability to carry it out),
Made with a deadly weapon without intent to kill, OR
With intent to commit a felony.
Penalties:
Third-degree felony
Up to 5 years in prison
Up to 5 years probation
Fines up to $5,000
Enhanced sentencing if a firearm was involved
๐จ Common Scenarios for Aggravated Assault
Threatening someone while holding a gun or knife
Pointing a firearm without discharging it
Using a vehicle to threaten or intimidate
Assault tied to another felony, such as burglary or robbery
๐ก๏ธ Defense Strategies to Beat Aggravated Assault
A skilled Florida defense lawyer may argue:
No assault occurred: Words or actions didnโt create a reasonable fear of imminent violence
Lack of a deadly weapon: The object used doesnโt qualify as a โdeadly weaponโ under the law
No intent: Actions were reckless or accidental, not intentional threats
Self-defense / Stand Your Ground: Actions were taken to lawfully protect yourself under Fla. Stat. §776.012
False accusations: The alleged victim exaggerated or fabricated events
Constitutional challenges:Illegal search, seizure, or Miranda violations
๐ Why Legal Representation Matters
Aggravated assault cases often hinge on details โ what was said, what was in your hand, how the alleged victim perceived the situation. A skilled Fort Lauderdale attorney can highlight weaknesses in the Stateโs case and build strong defenses.
๐ Charged with Aggravated Assault in Florida?
Don’t face a felony alone. The right defense strategy can make the difference between prison and dismissal.
๐ Contact an experienced Florida aggravated assault lawyer today.
โ FAQs: Aggravated Assault in Florida
โโ๏ธ What is aggravated assault under Florida law?
It’s an assault with a deadly weapon (without intent to kill) or with intent to commit a felony under Fla. Stat. ยง784.021.
โ๐จ Is aggravated assault a felony in Florida?
Yes. It’s a third-degree felony, punishable by up to 5 years in prison.
โ๐ก๏ธ How can you beat an aggravated assault charge?
By challenging intent, weapon classification, self-defense claims, or constitutional violations.
โ๐ What are defenses to aggravated assault?
No intent, no assault, no deadly weapon, self-defense, or false accusation.
โ๐ Can aggravated assault charges be dropped in Florida?
Yes — if evidence is weak or defenses are strong, prosecutors may reduce or dismiss charges.