Answering Frequently Asked Questions About Aggravated Assault in Florida

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious offense. It is one of the most commonly charged felonies in the state, but is often poorly understood. This blog will answer some of the most frequently asked questions about aggravated assault in Florida.

#1 – What is aggravated assault?

Aggravated assault involves an unlawful threat of imminent violence, either with a deadly weapon but without the intent to kill the victim, or with the intent to commit a separate felony.

Aggravated assault requires the State to prove four elements for a conviction:

• An intentional and unlawful threat of imminent violence
• The defendant had the apparent apparent ability to carry out the threat 
• The threat was of such a nature as to create well-founded fear in the victim that violence was about to occur
• A deadly weapon was involved or the defendant intended to commit a separate felony at the time the threat was made 

There are two types of aggravated assault charges: 1) aggravated assault with a deadly weapon without intent to kill and 2) aggravated assault with intent to commit a separate felony. Someone may only be charged and convicted of one, not both, for a single incident. Blockburger v. United States, 284 U.S. 299 (1932).

#2 – What’s considered a deadly weapon for aggravated assault purposes?

Many believe that a deadly weapon is only a knife or a gun. But a deadly weapon is broadly defined as any instrument that is used or threatened to be used in a manner likely to cause death or great bodily harm (distinguished from minor, slight or trivial bodily harm, such as bruises). Cloninger v. State, 846 So.2d 1192 (Fla. 4th DCA 2003).

Items that have been considered deadly weapons include – BB guns/airguns, spearguns, sticks (in some cases), beer bottles, cars, rocks, bats, and more. 

The key question is – was the way in which the object was used (or threatened to be used) likely to cause death or great bodily injury to the victim? If yes, it’s a deadly weapon that can be used as the basis for an aggravated assault charge.

#3 – Is aggravated assault a felony or misdemeanor?

Aggravated assault is considered a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine.

It’s considered a second-degree felony punishable by up to 15 years and a $10,000 fine if any of the following are true:

• The victim is a senior citizen (65 or older)
• The victim is on active duty as a law enforcement officer, firefighter, hospital worker, or in another group listed under Fla. Stat. 784.07
• The aggravated assault was committed in furtherance of a riot or aggravated riot

#4 – Does Florida’s aggravated assault law require me to harm someone?

No, it does not. In fact, aggravated assault typically does not involve someone physically striking another person – as this would generally be classified as battery or aggravated battery.

Aggravated assault only requires that someone unlawfully threaten imminent violence in a manner that creates well-founded fear that it is about to occur in a victim. If such a threat is made with the involvement of a deadly weapon or with the intent to commit a separate felony, it is considered aggravated assault.

#5 – What is aggravated assault with intent to commit a felony?

This is an important question, as it is less self-explanatory than aggravated assault with a deadly weapon. 

Aggravated assault with intent to commit a felony occurs when, in making an unlawful threat of imminent violence, a person intended their threat to facilitate their commission of an additional felony offense. This can be any felony under Florida law.

Some examples of aggravated assault with intent to commit a separate felony include:

• B screams at a child on the sidewalk to get in his van and threatens to kill him if he doesn’t. The child runs away screaming for help. This is aggravated assault with intent to commit kidnapping (a felony).
• C corners a bank employee near the exit and shouts, “If you don’t give me the security codes right now, I’ll break your neck!” This is aggravated assault with intent to commit burglary (a felony).
• D balls up his fists, advances on a pedestrian, and yells, “Hand over your wallet right now or I’ll smash your face in!” This is aggravated assault with intent to commit robbery (a felony).

Aggravated assault with intent to commit a felony carries the same penalties as aggravated assault with a deadly weapon (third-degree felony, enhanceable to a second-degree felony).

#6 – Does someone have to actually be in fear for me to be convicted of aggravated assault?

No, Florida law does not require a victim to testify they were actually in fear of violence for someone to be convicted of aggravated assault. This used to be the case, but courts no longer use a “subjective test” (whether the victim was personally afraid) to evaluate if aggravated assault was committed. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020).

The question courts ask is whether a reasonable person would have developed a well-founded fear that violence was about to occur. If this is true, and the remaining elements of the charge are satisfied, someone may be found guilty of aggravated assault even if the victim does not testify they were scared. 

#7 – What’s the difference between simple assault and aggravated assault?

Simple assault (non-aggravated assault) has three elements the State must prove:

• The defendant made an intentional and unlawful threat of imminent violence 
• They had an apparent ability to carry out the threat
• The threat created a well-founded fear in the victim/was sufficient to create a well-founded fear in a reasonable victim that violence was imminent

Simple assault does not involve the use of a deadly weapon, nor the intent to commit a separate felony. It is also generally considered a second-degree misdemeanor (up to 60 days in jail and a $500 fine), enhanceable to a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine).

#8 – Does aggravated assault with a firearm trigger Florida’s 10-20-Life law?

Not anymore, if the aggravated assault simply involved the firearm being carried or brandished rather than fired. Florida previously imposed a 3-year mandatory minimum prison sentence for aggravated assault with a firearm, even if it was never discharged. 

But in 2016, this component of the 10-20-Life law was repealed by the Florida Legislature. Now, there is no mandatory minimum prison sentence that accompanies an aggravated assault with a firearm conviction in the event that the gun was simply carried or displayed.

However, there is still a mandatory minimum sentence of 20 years if a gun is discharged (fired) during an aggravated assault, and a 25 year-to-life mandatory minimum prison sentence if the discharge injures or kills a victim.

#9 – What if the “aggravated assault” was an accident or unintentional? 

If the conduct charged was accidental, it is not aggravated assault as a matter of law. This is because aggravated assault requires an intentional and unlawful threat of imminent violence sufficient to create well-founded fear in a victim that such violence was about to occur.

Accidents or unintentional events that cannot support an aggravated assault conviction in Florida may include:

• P bends over at the grocery store, and his shirt rises to reveal a gun in his waistband. Q panics and calls the police. This is not aggravated assault, as P did not intentionally and unlawfully threaten Q.
• R is eating at a restaurant. When he goes to throw his trash away, his concealed carry pistol accidentally falls out of his pocket but does not fire. T is horrified and calls the police. R is not guilty of aggravated assault, as the gun was “displayed” unintentionally.
• V is cleaning his unloaded gun on his porch. U walks by on the sidewalk, sees the firearm and calls 911. V is not guilty of aggravated assault, as there was no intentional threat and U’s fear was (likely) unreasonable.

#10 – What are the most common defenses to aggravated assault charges?

If someone is accused of aggravated assault in Florida, it is important to understand potential defenses that might be available to them. These vary depending on the facts of a case, but may include:

• Stand Your Ground: If someone committed the “aggravated assault” as a reasonable and proportional response to a threat to themselves, others, or to prevent the commission of a forcible felony, their use of force may have been lawful. Thus, a Stand Your Ground defense may be explored.
• Lack of intent to threaten: If someone did not intentionally threaten another person, this precludes a conviction of aggravated assault
• Lack of conduct sufficient to create a well-founded fear of imminent violence (e.g. the defendant was cutting carrots with a knife and the victim became fearful she was about to be stabbed)
• Lack of apparent ability to carry out the threat (e.g. being far away from the alleged victim/not using a deadly weapon or intending to commit a separate felony if charged with aggravated assault)
• Alibi (can be greatly helped if GPS data, phone records, etc. support the defendant’s claim they weren’t there at the time)
• Mistaken identity (e.g. if only proof is grainy surveillance footage/unreliable witness accounts)
• Lack of a deadly weapon (broad definition but certain objects, e.g. a rubber duck, will not suffice)
• Lack of intent to commit a separate felony (if charged with intent to commit a separate felony)
• Procedural challenges (motions to suppress/exclude evidence that may be unfavorable)

By knowing the answers to these frequently asked questions about aggravated assault in Florida, someone will be better informed if they or someone they love are ever facing aggravated assault charges. If this occurs, the most important next step to take is contacting an experienced and aggressive Florida criminal defense attorney.

 Aggravated assault 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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