In Florida aggravated assault is a third degree felony charge 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 to aggravated assault, will have a permanent criminal record. Aggravated assault makes you 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
See some of the previous case results we’ve had on aggravated assault charges and how we got our clients excellent results: