🚨 Charged With Aggravated Assault in Florida?
Aggravated assault is one of Florida’s most serious felony-level violent crimes. And unlike simple assault, it carries mandatory minimum sentencing under certain conditions.
If you’ve been arrested—or even accused—it’s critical to understand the minimum sentence for aggravated assault in Florida, and how a skilled defense attorney can help avoid the worst-case outcome.
⚖️ What Is Aggravated Assault in Florida?
Under Florida Statute § 784.021, aggravated assault means:
“An intentional and unlawful threat, by word or act, to do violence to another person, with the apparent ability to carry it out, and doing so with a deadly weapon or during the commission of a felony.”
You don’t have to make physical contact to be charged. The threat plus weapon is enough.
📋 Aggravated Assault: Minimum Sentence Breakdown
The minimum sentence depends on whether a weapon or firearm was involved—and if Florida’s 10-20-Life statute applies.
🔹 No Firearm Involved
Minimum Sentence: Often 0 days (but still a 3rd-degree felony)
Max Penalty: Up to 5 years in prison
Judges can use discretion, especially for first-time offenders.
🔫 With Firearm (but no discharge)
10-20-Life Applies
Minimum Sentence: 3 years mandatory prison
No early release, probation, or parole
Felony reclassified to 2nd degree
🔫 Firearm Discharged
Minimum Sentence: 20 years mandatory prison
Even if no one was injured
🔫 Firearm Discharged & Injury Caused
Minimum Sentence: 25 years to life
🧠 Can You Avoid the Mandatory Minimum?
Yes—with the right strategy.
At Michael White, P.A., we use:
Downward departure motions based on mitigating factors
Charge reductions to simple assault or improper exhibition
Self-defense and Stand Your Ground arguments
Aggressive challenges to the evidence and witness credibility
📌 Related Reading:
🛡️ Why You Need a Violent Crimes Defense Lawyer
Aggravated assault cases often hinge on one moment, one witness, or one misunderstood interaction.
We know how to deconstruct the story and build a defense that courts and juries can understand.
📞 Facing Aggravated Assault Charges? Don’t Wait.
A mandatory prison sentence doesn’t have to be your reality. Let’s talk about how to fight back—now.
📲 Call (954) 270-0769 or request a consultation.
❓ Frequently Asked Questions
⚖️ What is the minimum sentence for aggravated assault in Florida?
If no firearm is involved, the court may impose no mandatory prison time. But if a firearm is used, Florida’s 10-20-Life law sets a minimum of 3 years—and higher if the firearm is discharged or causes injury.
🔫 Does Florida’s 10-20-Life law apply to aggravated assault?
Yes. If a firearm is involved, the law imposes:
10 years for possession
20 years for discharge
25 years to life if injury occurs
These are mandatory minimums, not just sentencing guidelines.
🧑⚖️ Can a judge go below the minimum sentence?
Sometimes. If your lawyer files a downward departure motion and proves mitigating circumstances, a judge may legally impose a lesser sentence—even when a firearm is involved.
🧠 Can aggravated assault be reduced to a lesser charge?
Yes. Charges may be reduced to simple assault, battery, or improper exhibition of a firearm—especially when the facts are weak, the weapon is disputed, or the alleged threat was nonviolent.
🛡️ What are possible defenses to aggravated assault charges?
Common defenses include:
Self-defense or Stand Your Ground
No actual threat or intent
Weapon was not deadly or never displayed
False accusations or unreliable witness testimony