🚨 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
Third-Degree Felony
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:
Self-defense or Stand Your Ground
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.
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.