Defenses to Aggravated Assault With a Deadly Weapon in Florida

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault with a deadly weapon (including a firearm) is a very serious felony offense.

Under Fla. Stat. Section 784.021(1)(a), an aggravated assault with a deadly weapon occurs when all of the following are true:

• The defendant made an intentional and unlawful threat, by word or act, to use violence against that other person
• At the time of the threat, the defendant had the apparent ability to actually carry it out
• The threat created in the victim a reasonable and well-founded fear that violence was imminent (assault)
• The assault involved a deadly weapon without the intent to kill the victim

Aggravated assault with a deadly weapon is classified as a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. Until 2016, aggravated assault with a deadly weapon carried a 3 year mandatory minimum sentence if it involved a firearm. 

Note: 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 the crime. This can include guns, 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)

If someone is charged with aggravated assault with a deadly weapon (or aggravated assault with a firearm) under Fla. Stat. Section 784.021, it may initially seem like there are few to no viable defenses to this charge. 

But there are many defenses to aggravated assault with a deadly weapon charge in Florida – one or more of which may apply in any particular case. This blog will discuss defenses to charges of aggravated assault with a deadly weapon in Florida.

One of the most common defenses to aggravated assault with a deadly weapon in Florida is that someone acted in self-defense or defense of others.

Under Florida’s “Stand Your Ground” law (Fla. Stat. Section 776.212(2)) a person has a right to use reasonable force – including deadly force if necessary – without a duty to retreat if the following are true:

• The person was in a place they had a legal right to be
• The person was not engaged in unlawful activity at the time 
• The person reasonably believed that force was necessary to prevent imminent death, bodily harm, or the commission of a forcible felony

If a defendant files a motion to dismiss under Florida’s Stand Your Ground law, they are entitled to a pretrial immunity hearing. At this hearing, the State must prove by clear and convincing evidence that the defendant’s claim of self-defense is legally invalid. 

If the State cannot overcome this burden (Fla. Stat. Section 776.032), the disputed charges against the defendant must be dismissed before trial. But even if the State prevails at the pretrial hearing, prosecutors must still prove beyond a reasonable doubt at trial that someone did not act lawfully in self-defense (or in defense of others) if the defense raises such a claim at trial.

An additional defense that may be raised to an aggravated assault with a deadly weapon charge is a lack of an intentional threat. If the defendant did not intend to threaten the alleged victim with a deadly weapon (if they were joking, there was a misunderstanding, etc.), this can undermine the mens rea (mindset) element of the charge. 

Yet another defense to an aggravated assault with a deadly weapon charge is that the alleged victim’s fear was unreasonable, exaggerated, or not credible. If a victim was not placed in a situation where the fear of imminent violence they developed was reasonable as a result of the defendant’s actions, an aggravated assault charge fails as a matter of law.

In certain circumstances, a relevant defense to an aggravated assault with a deadly weapon charge may be that the incident never actually happened.

A false allegation that someone brandished a firearm or other deadly weapon in a manner that constitutes aggravated assault is most likely to occur in:

• Disputes involving domestic and romantic partners
• Road rage incidents (if someone observes the other party is armed)
• Disputes with neighbors

A false allegation defense may be particularly strong if the alleged victim has a clear motive to lie and no physical evidence supports the claim that an aggravated assault with a deadly weapon took place.

Another defense to aggravated assault with a deadly weapon charge is that no deadly weapon was used. This may occasionally be a defense if the offense allegedly involved an object that is generally not considered a deadly weapon and was not used for the purpose of causing death or great bodily harm (such as a bike or a bottle). Cloninger v. State, 846 So.2d 1192 (Fla 4th DCA 2003); J.T. v. State, 47 So.3d 934 (Fla 4th DCA 2010).

Florida’s courts have held that if an object is not by design intended to cause death or bodily harm – and was not likely to do so when its use was threatened – it cannot be classified as a deadly weapon for the purpose of charging aggravated assault. D.B.B. v. State, 997 So.2d 484 (Fla. 2d. DCA 2008)

In certain cases, an alibi or mistaken identity defense may be relevant. If the defendant can show they were not present on the scene of the alleged aggravated assault, this can be useful to dispute the charges. Evidence like witnesses, surveillance footage, receipts, or GPS data can be useful to the defense in establishing an alibi. 

Another defense to aggravated assault that may be relevant in a case is defense of property. Under Fla. Stat. Section 776.031, Florida law permits reasonable force to be used to protect personal property (such as real estate) from trespass or “other tortious or criminal interference” if certain circumstances arise.

Unlike the listed defenses, certain defenses to an aggravated assault with a deadly weapon charge are considered legally invalid in Florida. Some examples may include:

• “I didn’t actually hurt them”: Aggravated assault charges do not require an actual injury, only an unlawful threat involving a deadly weapon that put the victim in well-founded fear of imminent violence
• “I was drunk/on drugs”: Voluntary intoxication is not a defense in Florida (Fla. Stat. 775.051)
• “They disrespected me”: A verbal insult without anything more is insufficient to legally justify the threatened use of force involved in an aggravated assault with a deadly weapon

In sum, aggravated assault with a deadly weapon is a very serious criminal offense in Florida. It is classified as a third-degree felony and punishable by up to 5 years in prison, a $5,000 fine and 5 years of probation.

Many defenses exist to a charge of aggravated assault with a deadly weapon in Florida. These include that the “assault” was actually self-defense, lack of intentional threat, lack of reasonable fear of imminent violence by the victim, fabrication, alibi, lack of a deadly weapon involved, and more. 

Aggravated assault with a deadly weapon 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.

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