When Accused of Aggravated Assault in Florida, Stand Your Ground says South Florida Criminal Attorney

When Accused of Aggravated Assault in Florida, Stand Your Ground says South Florida Criminal Attorney

When Accused of Aggravated Assault in Florida, Stand Your Ground says South Florida Criminal Attorney


Under Florida law the difference between being charged with assault vs. aggravated assault is huge. The penalties for aggravated assault in Florida are a lot more severe, often including jail or prison. Also, if you are convicted, or plea to aggravated assault, will have a permanent criminal record. Aggravated assault makes you ineligible for a seal or expungement of your criminal record.


So what elevates a regular assault to an aggravated one?


There are two factors:

  1. A deadly weapon was used in the course of the assault, or
  2. There was an intent to commit a felony (meaning the assault occurred during a burglary, robbery, rape, attempted murder, etc.)

Thankfully there are a number of defenses available to you if you’ve been accused of aggravated assault in Florida. One of the effective ones that we’ve seen success with in a number of cases is self defense based on Florida’s Stand Your Ground law.


Take the case of one of our former clients, Armando, for example.


Armando was pulling into a gas station and came very close to hitting another vehicle that was not in its lane. He had heated words with the driver and then parked his car to go into the convenience store to pick up a few items. As he got out of his car, he noticed the two men from the other car fast approaching him. They were cursing and making threatening gestures.


Outnumbered, Armando felt threatened and holstered his gun to his hip. (He had a concealed weapon permit for the gun and was hoping the visual effect of seeing the gun would help to avoid any kind of confrontation with these guys).


Armando had a few more words with the men, but that was it.  He then went into the convenience store to order food. As he was waiting for his food inside the store, a cop came in and approached Armando. The two men outside told the cop that Armando had waved the gun at them, and that they were afraid he was going to shoot.


He was handcuffed immediately, arrested for aggravated assault taken directly to jail and booked. Of course his gun was confiscated during the arrest process.


The prosecution filed charges of aggravated assault against Armando because his gun was considered a deadly weapon. So now, he was looking at  prison if convicted, and a maximum penalty of five years in prison.


When Armando hired Rossen Law Firm, we were able to prove that Armando was acting in self defense under Florida’s Stand Your Ground Law. He was at a gas station at night and two big guys were approaching him in a threatening manner. He feared his life was in danger and took necessary means to protect himself. 


The aggravated assault charges against him were dropped, and his gun was returned to him.


Learn more about the 3 elements of an Aggravated Assault crime:

Free Aggravated Assault Criminal Defense Strategy Session in South Florida

We handle aggravated assault cases of all types. We know how to protect your rights and provide you with a personalized and aggressive defense to your criminal charges.


Rossen Law Firms offers FREE strategy sessions so you know how we’ll fight to get the best possible outcome on your case. Unlike most law firms, we don’t put a time limit on this meeting.


Give us a call today:


→  RELATED: Learn what to do when you or a loved on are arrested in our FREE booklet

→  RELATED: Learn more about Assault & Battery Crimes in Florida

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00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
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15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
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Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
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12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
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20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.