Can Verbal Threats Lead to Aggravated Assault Charges in Florida?

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

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

Aggravated assault can occur in one of two ways:

• Aggravated assault with the use of a deadly weapon without intent to kill 
• Aggravated assault with intent to commit a separate felony

A deadly weapon is not just limited to guns and knives. It includes any instrument that is used or threatened to be used in a manner likely to cause death or great bodily harm. Cloninger v. State, 846 So.2d 1192 (Fla 4th DCA 2003)

Aggravated assault can be enhanced to a second-degree felony if either of the following are true:

• The aggravated assault occurred in the course of a riot or aggravated riot
• The victim of the aggravated assault was within a group covered by Fla. Stat. 784.07 (police, firefighters, medical staff, etc.)

A common question is whether verbal threats alone, without physical contact or the involvement of a weapon, can lead to someone being charged with (and even convicted of) felony aggravated assault. The answer to this is yes, but it depends on the facts of the case.

This blog will explore when someone may be convicted of felony aggravated assault in Florida for verbal threats alone.

For the offense of aggravated assault to be committed, the State must prove all of the following beyond a reasonable doubt:

• The defendant unlawfully threatened, by word or act, to do imminent violence to the victim
• The defendant has the apparent ability to carry out that threat
• The action was of a nature that a reasonable victim would be placed in well-founded fear of imminent violence 
• The assault involved the use of a deadly weapon without intent to kill, or with the intent to commit a separate felony

Examples of aggravated assault with a deadly weapon may include:

• A pulls a gun on B and threatens to “blow him away” during an argument
• A pulls a knife on B in a road rage incident and says he’ll “cut him up” if he doesn’t leave
• A breaks a beer bottle and swings wildly at B, threatening to hit him over the head with it

Aggravated assault with intent to commit a separate felony can be seen in the following examples: 

• A threatens to kill B unless she allows him to have sex with her (aggravated assault with intent to commit sexual battery, even if the sexual battery is not completed)
• A threatens to kill a child, C, if he refuses to get in the back of A’s van (aggravated assault with intent to commit kidnapping)
• A places a hand in his pocket as if he has a weapon and demands B hand over his wallet, or he’ll shoot him (no actual weapon, but aggravated assault to commit robbery)

Given these examples, it becomes clear that a verbal threat can lead to an aggravated assault conviction, even if there is no weapon involved. However, it is critical to note that something other than a threat of imminent, unlawful violence alone must be present.

In particular, if someone is to be charged with aggravated assault based on verbal threats alone, there must be the intent to commit a separate felony in connection with the aggravated assault. 

Returning to the above examples, if a would-be kidnapper threatens to kill a child if they do not get in their van, this is technically only a “verbal threat.” However, the offense of aggravated assault is committed because the intent of the verbal threat was to complete a separate felony (kidnapping).

Critically, a defendant’s desire to commit a separate felony offense must be proven beyond a reasonable doubt, and the felony that the aggravated assault was committed to complete must be identified. A defense to aggravated assault with intent to commit a separate felony may either be that:

• There was no separate felony that the unlawful threat of imminent violence (assault) was designed to effectuate, or
• The assault was designed to effectuate a misdemeanor – defeating an aggravated assault charge (e.g. threatening to punch a store employee in order to steal a pack of gum, which is misdemeanor petit theft)

Notably, in both of these examples, the offense of assault (Fla. Stat. 784.11) is still committed. However, assault is typically considered a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. It is enhanceable to a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine if done in furtherance of a riot or aggravated riot.

When it comes to the crimes of assault and aggravated assault, it is important to understand that Florida’s courts use an objective standard in evaluating whether the threat was of such a nature to place a victim in well-founded fear of imminent violence. Even if the victim personally did not develop such a fear, courts ask whether a reasonable person would have developed the fear that violence was about to occur. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020).

Aggravated assault is not the only law where words alone may result in felony charges. Florida has various other statutes that criminalize certain speech, such as written or electronic threats to kill or do bodily harm to another, or commit an act of terrorism or a mass shooting (Fla. Stat. 836.10). 

However, for someone to be convicted under Florida’s written or electronic threats law, they must communicate a true threat. This means that they either:

• Intended to threaten to kill or do bodily harm to another, commit a mass shooting or act of terrorism, etc.
• Consciously disregarded a substantial and unjustifiable risk that their communication would be perceived as a threat (Counterman v. Colorado, 600 U.S. 66 (2023))

In aggravated assault cases, a defendant does not need to actually injure, try to injure, or ever develop the intent to injure a victim. They must only take an action that would put a reasonable victim in fear of unlawful and imminent violence, while using a deadly weapon or attempting to commit a separate felony.

Various defenses exist if someone is charged with aggravated assault in Florida. These include:

• Self-defense/defense of others (Stand Your Ground): Florida permits a defendant to use or threaten to use deadly force if it is a reasonable and proportionate response to a threat of death or great bodily harm to themselves or others, in a place where they have a lawful right to be. (Fla. Stat. 776.012 and 776.032)
• No intentional threat (such as a gun slipping out of someone’s pocket by accident and scaring a passerby)
• No imminent threat (such as threatening to beat someone with a bat who is located across the country)
• Alibi/mistaken identity
• No intent to commit a separate felony (if aggravated assault with intent to commit a felony is charged)
• Involuntary intoxication (but not voluntary intoxication, per Fla. Stat. 775.051)
• Lack of evidence
• Procedural challenges (suppressing post-arrest statements of a defendant, suppressing evidence obtained in an unconstitutional fashion, etc.)

Despite these many defenses, it is important to remember that the First Amendment cannot act as a shield to an aggravated assault conviction if the elements of the crime are satisfied. If someone communicates a threat of imminent and unlawful violence in a manner that constitutes assault or aggravated assault – even if no weapon was used – they may be convicted of the crime.

In sum, someone may be convicted of aggravated assault for verbal threats. However, a verbal threat to do imminent violence to a victim is typically simple assault, unless it is accompanied by the use of a deadly weapon or the intent to commit a separate felony.

In the latter category of cases, an aggravated assault conviction can stem from speech alone. If someone threatens to kill another if they do not give them their wallet, for example, this is an aggravated assault in Florida – even if the robbery is not actually completed. 

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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