Last updated November 2025
If you’ve been charged with aggravated assault in Florida, you’re facing a serious felony — even if no one was physically harmed. Florida law focuses on intent, weapons, and perceived threats, which means you can be arrested for a felony without ever laying a hand on someone.
Here’s what you need to know — and how we defend these high-stakes charges.
📜 The Law: What Counts as Aggravated Assault?
Under Florida Statute § 784.021, aggravated assault is defined as:
“An intentional and unlawful threat to do violence with a deadly weapon, coupled with an apparent ability to carry out the threat.”
This charge is considered a third-degree felony in Florida.
🔹 Examples of Aggravated Assault:
Pointing a firearm or weapon during an argument
Swinging a bat or blunt object in a threatening way
Verbally threatening someone while armed
Driving aggressively and threatening someone with your vehicle
Note: No actual contact or injury is required — it’s the threat + weapon that elevates the charge.
🧾 Penalties for Aggravated Assault in Florida
Third-degree felony
Up to 5 years in prison
Up to 5 years probation
$5,000 fine
Mandatory minimums may apply if a firearm was involved
Aggravated assault with a firearm may trigger Florida’s10-20-Life sentencing scheme, depending on whether a shot was fired.
🛡️ How We Defend Aggravated Assault Charges
As a former prosecutor, Michael White knows how these cases are built — and how to dismantle them before trial.
🔹 Self-Defense or Defense of Others
Florida’s Stand Your Ground and justifiable use of force laws apply if you reasonably believed you were protecting yourself or someone else.
🔹 No Deadly Weapon
We argue the object used wasn’t legally considered a deadly weapon — a key element that must be proven beyond a reasonable doubt.
🔹 No Real Threat or Intent
Words or gestures alone may not meet the legal threshold if they didn’t cause genuine fear or weren’t accompanied by intent to harm.
🔹 Witness Credibility Challenges
We scrutinize every statement, highlight inconsistencies, and file motions to exclude unreliable testimony.
✅ Why Clients Hire Michael White
✅ Former prosecutor with violent crime trial experience
✅ Strategic pretrial negotiation and motion practice
✅ Clear communication, early intervention, and aggressive advocacy
✅ Trusted by professionals, first-time offenders, and those facing complex charges
📞 Facing Florida Aggravated Assault Charges? Explore Your Defense
Let us help you protect your record, your freedom, and your future.
❓ Frequently Asked Questions
👨⚖️ Is aggravated assault always a felony in Florida?
Yes. It’s classified as a third-degree felony and can be enhanced further if a firearm is involved.
🔫 What qualifies as a deadly weapon under Florida law?
Guns, knives, bats, and even vehicles may be considered deadly weapons if used or threatened in a way likely to cause serious harm.
🚔 Can I claim self-defense if I’m charged with aggravated assault?
Yes. If you reasonably feared for your safety or someone else’s, self-defense may be a complete defense.
📂 Can aggravated assault charges be reduced?
Yes. We often fight to reduce charges to simple assault or seek pretrial diversion, especially for first-time offenders.
📉 Can aggravated assault be sealed or expunged in Florida?
Possibly. If the case is dismissed or resolved without a conviction, sealing may be available depending on your history.