Can I Be Charged With Aggravated Assault in Florida Without Causing Injury?

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

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious criminal offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, enhanceable to a second-degree felony punishable by up to 15 years and a $10,000 fine if done in furtherance of a riot or aggravated riot.

There are two ways aggravated assault can be committed in Florida:

• With a deadly weapon (such as a firearm, knife, etc.) without the intent to kill the victim
• With the intent to commit a separate felony (other than the aggravated assault)

One of the most common questions surrounding aggravated assault is – can I be convicted of aggravated assault even if I do not actually hurt anyone? The answer is yes, because aggravated assault only requires putting the victim in fear of imminent and unlawful violence for someone to be convicted. Physical contact is not an element of the crime.

This blog will explore the offense of aggravated assault, why a lack of injury does not serve as a defense to the crime, and various valid defenses someone may pursue if they are charged.

For someone to be proven guilty of aggravated assault in Florida, the following elements must all be established beyond a reasonable doubt:

• The defendant intentionally and unlawfully threatened by word or act to do violence to the alleged victim
• At the time of the threat, the defendant appeared to have the ability to carry it out
• The threat created a well-founded fear of imminent violence in the mind of the victim
• The assault was committed with a deadly weapon without the intent to kill, or with the intent to commit a separate felony

It is commonly thought that a deadly weapon is limited to firearms and knives for purposes of charging aggravated assault.

However, Florida’s courts have recognized that something can be considered a deadly weapon under either of the following definitions:

• Any instrument which, when used in the ordinary manner contemplated by its design, will or is likely to cause death or great bodily harm, or any instrument likely to cause great bodily harm because of the way it is used during a crime (J.W. v. State, 807 So.2d 148 (Fla. 2d. DCA 2002))
• A weapon or instrument which can inflict death or great bodily harm (J.T. v. State, 47 So.3d 934 (Fla. 4th DCA 2010))

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

Florida’s courts have found all of the following to qualify as deadly weapons under certain circumstances:

• Firearms and knives (firearm is a deadly weapon as a matter of law)
• Bats and clubs
• Hammers (Colainni v. State, 245 So.2d 893 (Fla. 2d. DCA 1971))
• BB/pellet guns (In Interest of W.M., 491 So.2d 1263 (1986))
• Vehicles (Cloninger v. State, 846 So.2d 1192 (Fla. 4th DCA 2003))
• A piece of a broken crossbow (King v. State, 779 So.2d 466 (Fla. 2d. DCA 2000))
• An unloaded air pistol (Duba v. State, 446 So.2d 1167 (Fla. 5th DCA 1984)
• Loaded spearguns (even on land) (In Interest of W.M., 491 So.2d 1263 (1986))
• Sticks (Coronado v. State, 654 So.2d 1267 (Fla. 2d DCA 1995))
• Rocks and canes (Saint‑Fort v. State, 222 So. 3d 624 (Fla. 4th DCA 2017))

Put simply, a deadly weapon in Florida is considered any weapon or instrument that was used or threatened to be used to cause death or great bodily harm, and was capable of causing this.

Examples of aggravated assault with a deadly weapon without intent to kill may include any of the following:

• Pointing a gun someone during a road rage incident while yelling threats, but without intent to fire
• Swinging a baseball bat near someone’s head during an argument and intentionally missing, but nevertheless scaring them
• Waving a knife aggressively during an argument at a bar and demanding someone “back off”

Aggravated assault also occurs if someone commits an assault (putting someone in reasonable fear of imminent, unlawful violence) with the intent to commit a separate felony (robbery, burglary, sexual battery, etc.). Examples include:

• B screams at A that he will kill A if A does not hand over his wallet in the next five seconds (assault with intent to commit robbery)
• A man yells at a child that he will “take him away forever” if he does not get in the back of his van immediately (assault with intent to commit kidnapping)
• A man corners a woman in an alley and threatens to beat her up unless she allows him to have sex with him (assault with intent to commit sexual battery)

Aggravated assault is a second-degree felony (under Fla. Stat. 784.07) if carried out against any of the following groups:

• Police officers
• EMTs
• Firefighters
• Any hospital employee 
• Railroad special officer
• Public transit employee or agent

Note: In determining whether the “well-founded fear” element of the statute is satisfied, this is an objective test. Even if the alleged victim was not personally in fear of imminent, unlawful violence, someone may still be found guilty if their actions would have put a reasonable person in fear of imminent, unlawful violence. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020)

Returning to the question at hand: there is no requirement under Florida law that someone actually injured a victim for aggravated assault to be committed. In fact, if a victim is injured, this is more likely to be charged as battery or aggravated battery (depending on the facts of a case).

Florida’s courts have consistently held that actual injury is not required to prove aggravated assault. In fact, the defendant does not even have to develop the intent to harm the victim. If the intentional actions of the defendant threatened imminent, unlawful violence in a manner that violates the statute, they may be convicted. Cambell v. State, 37 So.3d 948 (Fla. 5th DCA 2010); Goswick v. State, 143 So.2d 817 (Fla. 1962)(overruled on other grounds)

Despite the fact that aggravated assault does not require the physical injury of a victim, an attempt to cause injury, or even developing the intent to cause injury – there are still many defenses available. These include:

• Self-defense/defense of others: If the conduct was a reasonable and proportionate response to the threat faced under Florida’s Stand Your Ground law, this is a total defense (Fla. Stat. 776.012 and 776.032)
• Lack of intent to threaten or cause fear to the victim (e.g. a gun accidentally falling out of someone’s waistband)
• No apparent ability to carry out the threat (such as threatening to stab someone who is thousands of miles away)
• Procedural challenges (motions to suppress, Miranda waiver issues, etc.)
• False allegations (if no corroborating evidence)
• Alibi/mistaken identity (especially effective with GPS/phone data, witness accounts disputing the defendant’s presence, etc.)
• No intent to commit an underlying felony, only a misdemeanor (e.g. a teenager telling a store clerk they will punch them if they don’t let them steal a bag of chips, which is petit theft – a misdemeanor). This is a partial defense as it is still assault, just not aggravated assault.

In sum, aggravated assault is a serious felony in Florida that can be committed with the use of a deadly weapon without intent to kill the victim, or with the intent to commit a separate felony. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine (enhanceable to a second-degree felony under certain circumstances).

It is a common misconception that aggravated assault requires the defendant injuring a victim, as assault (threat of violent contact) and battery (actual contact) are often confused. However, no injury – and not even physical contact – is required for an aggravated assault conviction.  

Aggravated assault is a very serious charge 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.

  Social Share