aggravated Assault criminal defense attorneys protect your rights in fort lauderdale assault crimesFacing an Aggravated Assault charge can feel like you’ve now suddenly been labeled as a ‘criminal’, but the assault and battery attorneys at Rossen Law Firm are here to guide you every step of the way. Our South Florida aggravated assault lawyers understand mistakes happen and sometimes people make bad decisions.

What is an Aggravated Assault Crime?

As a seasoned lawyer could explain, an Aggravated Assault crime in Fort Lauderdale is when someone threatens in word or action to harm someone and creates fear that the harm is unavoidable. This type of threat involves the use of a deadly weapon or the intention to commit a felony.

In legal terms, an Aggravated Assault is an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, in order to create a well-founded fear in any reasonable person that harm or violence is imminent. An aggravated assault is made with a deadly weapon without intent to kill, but with the intent to commit a felony.

According to FLA. STAT. § 784.021 (2019) :

  1. An “aggravated assault” is an assault:
    1. ​With a deadly weapon without intent to kill; or
    2. With an intent to commit a felony.

There are four elements that need to be proved by the prosecution in order to establish that a person did, in fact, commit aggravated assault: 

  1. The defendant unlawfully and intentionally threatened another person through an intentional act,
  2. The defendant appeared to have the ability to carry out the threat at the time it was made,
  3. The defendant’s act created a well-founded fear in the victim’s mind that violence was imminent, and
  4. The defendant either a) used a deadly weapon, or b) had the fully-formed conscious intent to commit a felony.

The burden is on the prosecution to satisfy each of the four elements above.

CONSEQUENCES OF AGGRAVATED ASSAULT CRIMES IN FORT LAUDERDALE

Aggravated Assault is a third-degree felony in Florida with penalties of up to 5 years in prison or 5 years probation, and a $5,000 fine.

The range of punishments can increase significantly to include mandatory prison of up to 20 years, if a firearm is actually within reach and fired.

Penalties include:

  • Up to 5 years in prison
  • Up to 5 years of Probation
  • Up to $5,000 in fines

If you are convicted of aggravated assault, or plea guilty to aggravated assault, you will have a permanent criminal record. An aggravated assault charge makes your case ineligible for a seal or expungement, as a South Florida attorney can explain.

Learn about more battery and assault crime penalties here.

Aggravated Assault Defenses in South Florida

  • Self-Defense: Self-defense is a type of affirmative defense used to mitigate or avoid legal consequences of an otherwise unlawful use of force. A self-defense claim recognizes the commission of a violent act, but excuses the act on the grounds that it was reasonably necessary to prevent imminent death or great bodily harm to themselves. When a person is legally present and fearful of their life, Florida’s “Stand Your Ground” law provides legal immunity to those who use deadly force to defend themselves.
  • Necessity or Duress: In Florida, Necessity or Duress is a type of affirmative defense used to relieve the defendant of criminal liability in situations where the accused had reason to believe they were facing a danger or emergency. To justify the criminal act, the objective appearance of a danger or emergency must be so apparent that any reasonable person under the same circumstances would believe the only way to avoid the imminent threat is by committing the charged crime.
  • Conditional Threat: A conditional threat is conditioned on events that have not yet occurred, or possibly never will. Because the threat is contingent upon an event that may or may not happen, it does not fulfill the requirement of imminence that is necessary for an Aggravated Assault Conviction.
  • Other:
    • ​Stand your ground law
    • Defense of a third person
    • Defendant didn’t have a deadly weapon
    • Defendant didn’t intend to commit a felony
    • Alleged Victim did not have a reasonable fear
    • Defendant unable to carry out the threat

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. To schedule your consultation with an expert Fort Lauderdale aggravated assault lawyer, call our office today.

HOW WE WIN AGGRAVATED ASSAULT CASES IN FLORIDA

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
South Florida Aggravated Assault Lawyer
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 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.