Last updated November 2025
🚨 Arrested for Aggravated Assault in Florida?
Aggravated assault is one of Florida’s most misunderstood felony charges.
It doesn’t require you to lay a finger on anyone—and yet it can result in years behind bars, mandatory prison time, and a permanent felony record.
So what is aggravated assault in Florida, and what should you do if you’ve been charged? Let’s break it down.
⚖️ What Is Aggravated Assault in Florida?
Under Florida Statute § 784.021, aggravated assault occurs when a person:
“Commits an intentional and unlawful threat—by word or act—to do violence to another person, with the apparent ability to do so, while using a deadly weapon or committing another felony.”
Key elements:
A threat (not necessarily physical contact)
Intent to cause fear
Use of a deadly weapon or commission of another felony
📋 Examples of Aggravated Assault in Florida
Pointing a firearm during an argument
Swinging a bat or knife while making threats
Threatening someone during a burglary or robbery
Chasing someone with a vehicle in a threatening way
🧑⚖️ What’s the Difference Between Aggravated and Simple Assault?
Simple Assault = Misdemeanor, no weapon involved
Aggravated Assault = Felony, weapon involved or during a felony
🔐 Penalties for Aggravated Assault
Up to 5 years in prison
Up to $5,000 fine
Mandatory minimum 3 years if a firearm is used (under Florida’s 10-20-Life law)
🛡️ How We Defend Aggravated Assault Charges
At Michael White, P.A., we use strategies like:
Proving the object was not a “deadly weapon”
Arguing no credible threat or actual intent
Challenging the credibility of the witness or alleged victim
📌 Related Reading:
📞 Arrested for Aggravated Assault? Don’t Wait.
You need a lawyer who know how to handle violent crimes. These cases move fast—and what you say or do early on can make or break your defense.
Let’s talk before the State builds a case against you.
📲 Call (954) 270-0769 or request a confidential consultation
❓ Frequently Asked Questions
⚖️ What is aggravated assault in Florida?
Aggravated assault is an intentional threat to do violence, made with the apparent ability to carry it out, and either involves a deadly weapon or occurs during the commission of a felony.
🔫 Do I have to hurt someone to be charged with aggravated assault?
No. Aggravated assault does not require physical contact. A verbal or physical threat combined with a weapon or felony context is enough.
🛠️ What makes it “aggravated” instead of simple assault?
A deadly weapon (like a gun, knife, or vehicle) or committing the assault while committing another felony elevates the charge to aggravated assault.
🧑⚖️ Is aggravated assault a felony in Florida?
Yes. It is typically charged as a third-degree felony, but sentencing can be enhanced—especially if a firearm is involved (triggering 10-20-Life).
🛡️ Can I beat an aggravated assault charge in court?
Yes. Common defenses include self-defense, Stand Your Ground, lack of intent, false accusation, or proving the object was not a deadly weapon.