What is the Difference between Assault vs Aggravated Assault in Florida?

750+ Reviews On
What is the Difference between Assault vs Aggravated Assault in Florida?

What is the Difference between Assault vs Aggravated Assault in Florida?

 

What is assault in Florida? (Fla. Stat. §§ 784.011)

In Florida, an “assault” is described as “an intentional, unlawful threat by word or act to do violence” to another person by someone who has the ability to carry out the threat of violence and who – in doing so –  creates well-founded fear in the target of the threat that they are actually in danger or violence is imminent. 

 

As stated in Johnson v. Brooks, 567 So.2d 34, 35 (Fla. 1st DCA 1990): “A person’s mere intention to commit an assault is not enough; there must be some overt act sufficient to demonstrate a threat directed at the person placed in fear.” 

 

Whoever commits an assault shall be guilty of a second-degree misdemeanor, punishable by up to 60 days in jail and/or six months probation and a $500 fine in Florida.

 

What is aggravated assault in Florida? (Fla. Stat. §§ 784.021)

In  Florida, the difference between “assault” and “aggravated assault” is that aggravated assault includes not only that the person committed acts that constitute assault, but that that person did so either:  with a deadly weapon* without intent to kill, or with an intent to commit a felony.

 

Florida statute defines a weapon as any “dirk, knife, metallic knuckles, slingshot, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocket knife, plastic knife, or blunt-bladed table knife.” Depending on the situation though, sometimes Florida prosecutors can successfully argue that a weapon, while traditionally not deadly, can be used in a deadly manner and therefore classify it as a deadly weapon.

 

If an aggravated assault crime is committed in Florida, the person is then facing a third-degree felony, punishable by a term of up to 5 years imprisonment in a Florida state prison, and a fine of up to $5,000. 

 

If an individual commits assault with a firearm (this is a specific deadly weapon) they could face a minimum sentence of 3 years in prison. 

This mandatory minimum sentence does not apply to other specific deadly weapons. If an assault is committed during the occurrence of another felony, then the assault is upgraded to an aggravated assault.

 

Differences in Assault vs. Aggravated Assault Convictions in Florida

Assault: Someone who commits an assault crime is facing a second-degree misdemeanor.

 

Aggravated Assault: Someone who commits aggravated assault faces a third-degree felony.

 

Defenses to Assault Cases in Florida

Per the stated descriptions of what constitutes assault within Florida statute, specific defenses can be made when it comes to criminal assault cases — for the charge to “stick” the alleged crime must include certain elements and they can be defended against by  a: (1) conditional threat, (2) idle threat, and (3) unreasonable fear

 

Remember that in order for an act to be defined as assault, there must be proof of three elements: 

  1. An intentional, unlawful threat
  2. An apparent ability to carry out the threat
  3. Creation of a well-founded fear the violence is imminent

Keeping this in mind if one of the three elements is lacking, it is possible to use this in a trial in order to receive a dismissal of a case. One such example of this occurred in the case of H.W. v. The State of Florida, 79 So. 3d 143 (Fla. 3rd DCA 2012), a 2012 case in which it was concluded that although there was sufficient evidence to show that the appellant (H.W.) made an intentional, unlawful threat and that it may have even created a well-founded fear, that the appellant’s threat that something would happen “that day” did not create a well-founded fear that violence was imminent (or that the defendant would do something).

Free Assault and Battery Criminal Defense Strategy Session in South Florida 

We handle assault and battery 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 a FREE strategy session so you know how we’ll strategize to get the best possible outcome for your case.

 

Give us a call today:

See all locations Rossen Law Firm practices Assault & Battery Defense.

HOW WE WIN ASSAULT & BATTERY CASES IN FLORIDA

What is the Difference between Assault vs Aggravated Assault in Florida?
What to Expect at Your Free Initial Strategy Session with Rossen Law Firm
STEP1
We Listen to Your Story
STEP2
We Educate You
STEP3
We Create a Unique Defense Strategy
Schedule Your
Free Strategy Session

    750+ Reviews On
    Google Reviews
    kevin tabronkevin tabron
    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!!!
    Jason HigleyJason Higley
    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!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    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.
    Terry ChristopherTerry Christopher
    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.
    Ketiana ProvinceKetiana Province
    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.
    js_loader
    super-lawyers-2021
    500
    national-trial-lawyers
    national-association-distinguished-counsel
    florida-trends-legal-elite
    american-institute-criminal-law-attorneys
    rated-by-super-lawyers
    avvo-rating-superb-criminal
    avvo-rating-superb-dui
    av-preeminent
    av-preeminent-2017
    superior-dui-attorney
    american-assoc-attorneys
    rising-stars-serra-jovenich
    super-lawyers-rising-stars
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    How We Win
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    Types Of Cases We Handle

    Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

    See All Practice Areas
    Get Your Free Download Instantly
    The Client All Agree Rossen Law Firms’s 5- Stars Rated Attorneys
    Instant Download
    7 Reglas Que Necesitas Saber Para Sobrevivir A Un DUI en Florida
    EN ESTE REPORTE GRATIS DESCUBRIRAS EL ERROR #1 AL HACER LA PRUEBA DE SOBRIEDAD, LA VERDADERA RAZÓN PORQUE LA POLICÍA QUIERE ARRESTARTE Y MUCHO MÁS…
    Instant Download
    7 Rules You Need to Know to Survive a Florida DUI
    IN THIS FREE REPORT YOU’LL DISCOVER: THE #1 MISTAKE PEOPLE MAKE ON THE FIELD SOBRIETY TESTS THE REAL REASON THE POLICE ARE DYING TO ARREST YOU… AND WAY MORE…
    Instant Download
    Florida Domestic Violence
    HOW WHAT HAPPENS IN THE HEAT OF THE MOMENT CAN HAVE TERRIBLE LEGAL CONSEQUENCES FOR EVERYONE INVOLVED
    Instant Download
    Get Help Now
    Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.