Aggravated Assault Law
In Florida, an aggravated assault charge is a third degree felony that can result in severe consequences personally, professionally, and with your family.
According to Florida Statute 784.021,(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) 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:
- The defendant unlawfully and intentionally threatened another person through an intentional act,
- The defendant appeared to have the ability to carry out the threat at the time it was made,
- The defendant’s act created a well-founded fear in the victim’s mind that violence was imminent, and
- 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.
Penalties for Aggravated Assault:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to a $5,000 fine
If a firearm is discharged during the course of the aggravated assault, the possible prison sentence can drastically increase, in some cases up to 20 years.
If you are convicted, 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.
Possible Defenses to Aggravated Assault Charges:
- Self defense
- Defense of a third person
- Necessity or duress
- Stand your ground law
- Defendant did not have a deadly weapon
- Defendant did not intend to commit a felony
- Defendant unable to carry out the threat
- Alleged victim did not have a reasonable fear
- Aggravated Assault With a Firearm, Miami, FL - Armando A. - Case Dismissed
- Aggravated Assault with a Firearm in Lauderdale Lakes - Chavez T. - Charges Dropped within One Month
- Aggravated Fleeing & Eluding in Pompano Beach - Nya L. - Not Guilty Verdict at Trial
- Aggravated Assault with a Firearm in Hallandale Beach - Gino A. - Charges Dropped