Aggravated Assault vs. Aggravated Battery in Florida

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. Section 784.021) and aggravated battery (Fla. Stat. Section 784.045) are very serious felony offenses. Aggravated assault with a deadly weapon without intent to kill or with intent to commit a felony is a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine). Aggravated battery is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine).

Though these crimes may seem similar, there are key differences between them that are worthy of exploring. This article will discuss the distinctions between aggravated assault and aggravated battery, as well as the elements, penalties and defenses to these crimes.

Aggravated Assault Charges in Florida

Aggravated assault can occur in two ways under Florida law – with a deadly weapon (but without intent to kill), or with intent to commit a felony.

For the State to prove someone guilty of aggravated assault, they must establish all of the following beyond a reasonable doubt:

• The defendant intentionally made a verbal or physical threat to commit violence against another person 
• The defendant appeared capable of executing that threat at the time it was made 
• The threat caused the victim to develop a well-founded (reasonable) fear of imminent violence
• The assault was either committed with a deadly weapon without intent to kill or with the intent to commit another felony (such as robbery, sexual battery, or kidnapping)

Note: Aggravated assault previously had a three-year mandatory minimum prison sentence if a firearm was carried or displayed at any point during the alleged assault. However, this provision was repealed in 2016, abolishing statutory mandatory minimums  for aggravated assault with a firearm.

For purposes of charging aggravated assault with a deadly weapon, a deadly weapon is any instrument designed to cause death or great bodily harm – or any instrument that was used in a manner likely to cause death or great bodily harm during a crime. This can include firearms (but not usually antiques), knives, or even something like a beer bottle if someone is hit over the head with it. Cloninger v. State, 846 So.2d 1192 (Fla 4th DCA 2003)

Aggravated assault is a third-degree felony punishable by up to 5 years in prison and a $5,000. If the aggravated assault occurs “in furtherance of” a riot or aggravated riot, it is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine).

Examples of an aggravated assault with a deadly weapon (Fla. Stat. Section 784.021(1)(a)) may include:

• After a near-collision, a driver exits their vehicle and points their pistol at another driver while yelling – the other driver develops a well-founded fear that they are about to be shot
• During an argument, someone picks up a kitchen knife and waves it at their roommate, telling them they will stab them if they don’t “shut up”
• A man pulls out a broken beer bottle during a heated argument at a bar and lunges at another, though no physical contact actually occurs

Examples of aggravated assault with the intent to commit a felony but without a deadly weapon include:

• A man corners a woman in an apartment hallway and tells her he is going to rape her – before he can, someone else walks out of their apartment and he flees
• A man points a toy gun (not a deadly weapon) at another and demands he “hand over his wallet, or I’ll shoot”
• A would-be kidnapper lunges at a child to drag them into a fan while yelling, “You’re coming with me, or I’ll hurt you” – the child successfully flees

Important: The “well-founded fear” requirement of the aggravated assault statute does not require that the victim developed a subjective fear of imminent violence – only that the actions taken by the defendant were sufficient to create such a well-founded fear. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020).

Many defenses exist to aggravated assault (one or more of which may apply depending on the facts of a case) in Florida. These include:

• Self-defense: Florida’s Stand Your Ground law (Fla. Stat. 776.012) eliminates the duty to retreat if a defendant had the legal right to where they were and reasonably believed the use or threatened use of deadly force was necessary to prevent death or great bodily harm to themselves or others. 
• Lack of intent: There was no intentional threat made by the defendant sufficient to cause well-founded fear of imminent violence (such as a firearm accidentally slipping out of their pocket and scaring someone)
• Object was not a deadly weapon: Though Cloninger broadly defines deadly weapons in Florida, certain objects (such as a rubber duck, plastic spoon, etc.) are inherently not deadly weapons as they are incapable of causing serious bodily harm or death
• Unreasonable fear: The alleged victim may have developed a fear of imminent violence, but this was not reasonable in nature (such as the defendant saying “I should kill you for that” in jest after their opponent wins a game of pool)
• False allegations: If there is no corroborating evidence that the alleged aggravated assault occurred, this can be a strong defense, as the allegation may not be credible.
• Lack of apparent ability to carry out the threat: If someone did not appear to have the present ability to carry out the threatened conduct (saying “I’m going to toss you off a New York skyscraper” while in Panama City), this is not aggravated assault
• Conditional threat: The threat was conditional or vague and not immediate in nature (a threat to harm someone at an undetermined future point is not aggravated assault)

Aggravated Battery Charges in Florida

A similar but distinct offense to aggravated assault in Florida is aggravated battery.

Aggravated battery is regulated by Fla. Stat. Section 784.045 and occurs when the State proves all of the following beyond a reasonable doubt:

• The defendant intentionally touched or struck the victim against their will
• The defendant either used a deadly weapon, caused great bodily harm (distinct from mere bruises), or the victim was pregnant and the accused knew or should have known

Aggravated battery is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. If done “in furtherance of” a riot or aggravated riot (784.045(3)), it is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.

Note: “Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and does not include mere bruises. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).

Unlike aggravated assault, aggravated battery triggers Florida’s 10-20-Life law (Fla. Stat. 775.087), which imposes very harsh mandatory minimum sentences for many felonies in the state involving a firearm. The law mandates:

• If a firearm is carried (on the defendant’s person) or brandished during an aggravated battery, the defendant must be sentenced to a mandatory minimum of 10 years in prison if convicted
• If the firearm carried or brandished is a semi-automatic firearm with a high-capacity detachable box magazine or machine gun, the defendant must be sentenced to a mandatory minimum of 15 years in prison
• If the firearm is discharged without injury or death during the commission of the offense, the defendant must be sentenced to a mandatory minimum of 20 years in prison
• If the firearm is discharged and this causes injury or death to the victim, the defendant must be sentenced to a mandatory minimum of 25 years to life in prison

Florida’s Supreme Court has held that the 10-20-Life law overrides typical maximum sentences for the felonies covered by the statute when the mandatory minimum imposed exceeds the usual statutory sentencing cap. Mendenhall v. State, 48 So. 3d 740 (Fla. 2010). 

Examples of aggravated battery in Florida may include:

• After getting insulted at a bar, a patron pulls out a firearm and pistol whips another in the head, knocking him out
• During an argument, someone pushes a visibly pregnant woman, causing her to fall and have mild contractions
• In a fit of rage, someone punches another without legal justification to knock him out, and kicks him multiple times as he is unconscious – breaking multiple bones of the victim

Various legal defenses exist to aggravated battery in Florida, one or more of which may apply depending on the facts of a case. These include:

• Self-defense: As is the case when someone is accused of aggravated battery, Florida’s Stand Your Ground law permits the use or threatened use of deadly force if someone is in a place they have a lawful right to be and it is necessary to prevent death or great bodily harm to themselves or others. Little v. State, 111 So. 3d 214 (Fla. 2d. DCA 2013),
• Object was not a deadly weapon: If someone is charged with aggravated battery with a deadly weapon (as is the case with aggravated assault), the weapon must be capable of inflicting serious bodily harm or death in the manner that it was used or threatened to be used.
• Lack of intent: The defendant did not intend to cause great bodily harm or use the deadly weapon (such as someone accidentally cutting their partner’s hand with a knife while they are cutting food in the kitchen) 
• False allegations
• Accidental contact
• Victim was not pregnant (or not visibly pregnant if the victim was not known to the defendant)

In addition to the statutory defenses to aggravated assault and aggravated battery, various procedural defenses exist, which may result in the suppression of unfavorable evidence in a case. These include:

• Challenging an unlawful search and seizure: If law enforcement violates someone’s Fourth Amendment rights by searching an area or seizing evidence without necessary legal permissions, the recovered evidence may be “fruit of the poisonous tree” and suppressed. Wong Sun v. United States, 371 U.S. 471 (1963)

• Challenging Miranda violations: If police fail to read a suspect their Miranda rights, do so after already initiating interrogation, or use trickery or coercion to obtain a Miranda waiver, statements made by a suspect during that interrogation are inadmissible in court. Miranda v. Arizona, 384 U.S. 436 (1966) 

The key differences between aggravated assault and aggravated battery are the following in Florida:

• Aggravated assault involves a threat of violence, whereas aggravated battery involves actual violence (an unwelcome physical contact)
• Aggravated assault involves an intent to threaten a victim with violence, whereas aggravated battery involves intent to actually injure
• Aggravated assault requires a deadly weapon or intent to commit a felony, whereas aggravated battery may not involve a deadly weapon (a brutal fist fight causing serious injury or punching a pregnant woman may result in aggravated battery charges)
• Aggravated battery does not require injury, whereas aggravated battery does
• Aggravated assault is a third-degree felony (enhanceable to second-degree if related to a riot), aggravated battery is a second-degree felony (enhanceable to a first-degree if related to a riot)

In addition to the many legally valid defenses to aggravated assault and aggravated battery, there are many “non-defenses” (not legally valid) to these crimes. These include:

• “I didn’t mean to injure them badly”: In an aggravated battery case, the intended level of injury does not matter – only the actual level of injury if all other elements are satisfied
• “I didn’t cause injury”: Relevant to aggravated battery – but in an aggravated assault case, no injury is required
• “It wasn’t my weapon”: If any deadly weapon is used and the remaining elements of the statutes are violated, the crime is committed
• “I was drunk/high”: Voluntary intoxication is not a defense in Florida (Fla. Stat. 775.051)

In sum, aggravated assault and aggravated battery are two very serious felony offenses in Florida. Aggravated battery involves a threat using a deadly weapon or with the intent to commit a felony sufficient to put the victim in well-founded fear of imminent violence. It is punishable by up to 5 years in prison and a $5,000 fine as a third-degree felony (and enhanceable under Fla. Stat. Section 784.021 if it occurs in furtherance of a riot). 

Aggravated battery involves an actual violent (legally unjustified) contact either using a deadly weapon, causing serious injury, or any battery on a pregnant woman that the defendant knew or should have known was pregnant. It is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine (also enhanceable under Fla. Stat. Section 784.045 if in furtherance of a riot).

There are key differences between the charges (actual physical contact required for battery but not for assault, etc.), but the defenses greatly overlap. Defenses include self-defense (Stand Your Ground), lack of intent, lack of deadly weapon (if alleged), false allegations, and more. One or more of these may be applicable in a given case, making it critical to contact an experienced and aggressive defense attorney if charged.

 Aggravated assault with a deadly weapon and aggravated battery are very serious charges in Florida that can carry lengthy prison sentences and heavy financial penalties. If someone is charged, it is vital to find experienced and aggressive legal representation as soon as possible. 

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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