Does Aggravated Assault Require Intent to Harm the Victim in Florida?

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

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

Aggravated assault may be committed in one of two ways:

• The defendant uses a deadly weapon without intent to kill the victim
• The defendant commits the aggravated assault with the intent to commit a separate felony

Though Florida’s aggravated assault law clearly does not mandate the defendant had an intent to kill a victim, a common question is whether aggravated assault requires an actual intent to harm or do violence to the victim (even if this is just slight injury). 

The answer to this question is no – aggravated assault can be committed even if someone never intended to hurt the alleged victim.

This blog will discuss the elements of aggravated assault and what Florida’s courts have said when confronted with the issue of whether aggravated assault requires an actual intent to harm the victim. 

For the offense of aggravated assault to be proven, the following elements must all be established 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)

Aggravated assault is a third-degree felony if done with a deadly weapon or with the intent to commit a felony (punishable by up to 5 years in prison and a $5,000 fine). If done in furtherance of a riot or aggravated riot, aggravated assault is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

Moreover, aggravated assault is a second-degree felony if committed against victims belonging to any of the following groups:

• Police and firefighters
• EMTs and public transit employees (such as city bus drivers)
• Code inspectors, parking officials, etc.

A deadly weapon in Florida 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 includes 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)

Examples of aggravated assault involving the use of deadly weapon may include:

• Pointing a gun at someone and threatening to shoot them
• Swinging a baseball bat around while threatening to “bash in” someone’s head
• Threatening someone with a knife during an argument

Examples of aggravated assault with intent to commit a felony may include:

• Pulling a knife on a victim in an alley and threatening to rape them, but fleeing before doing so (intent to commit sexual battery)
• A would-be kidnapper yells at a boy to get in his car or he’ll make him “disappear,” then lunges towards him (intent to commit kidnapping)
• A man pulls a knife on someone on the sidewalk and demands their wallet, but then runs away when a police officer drives by (intent to commit robbery)

A common observation made by many who are charged with aggravated assault is that they did not actually want to harm the victim. This fact naturally seems like it would defeat an aggravated assault charge, as the victim was not truly in danger.

But Florida’s courts have ruled this does not matter. Whether aggravated assault occurs depends not on the subjective intent of the defendant, but whether the victim developed a well-founded fear of imminent violence as a result of the actions of the defendant. Cambell v. State, 37 So. 3d 948, 950 (Fla. 5th DCA 2010). In Cambell, the 5th DCA ruled:

“The view of this court is that there is no additional element of the crime of aggravated assault with a deadly weapon beyond those outlined in the standard jury instruction defining the elements of this crime. The State, therefore, is not required to prove that the accused intended to do violence to another in a prosecution for aggravated assault with a deadly weapon.” 

Under Florida’s Pardo rule, the 5th DCA’s ruling in Cambell binds all courts in the state unless another District Court of Appeal issues a contradictory ruling or the Florida or U.S. Supreme Court overrules it. Thus, aggravated assault in Florida does not require intent to actually harm the victim. 

Though intent to harm the victim is not an element of aggravated assault, there are still various defenses that exist to this charge if someone is accused. These may include: 

• Stand Your Ground/self-defense: Under Fla. Stat. 776.012 and 776.013, someone may use or threaten to use deadly force if they reasonably believe it is necessary to prevent death or serious bodily injury to themselves or others.
• Lack of intent to threaten violence: Aggravated assault still requires an intentional violent threat, even if it does not require intent to harm (e.g. a firearm accidentally slipping out of someone’s waistband is not aggravated assault)
• Lack of reasonable/well-founded fear of violence: An objective standard under Florida law. The law 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).
• No deadly weapon/intent to commit separate felony
• Conditional or future threats: Not aggravated assault because threat is not of imminent violence (“Don’t come back here for a year, or I’ll stab you”)
• False allegations/mistaken identity/alibi
• Procedural defenses: Miranda challenges, motions to suppress evidence obtained in violation of a defendant’s constitutional rights, etc.

In sum, aggravated assault is a very serious felony in Florida. The crime requires a threat of imminent, unlawful violence against a victim that is legally unjustified and involves either the use of a deadly weapon or the intent to commit a separate felony.

Though it is commonly believed that someone must have actually wanted to harm the victim at the time the aggravated assault allegedly occurred (rather than scaring the victim, for example), intent or lack of intent to harm is not an element of the offense. If an intentional threat is made that places a victim in a well-founded fear of imminent violence, this is unlawful – even if the defendant did not intend to act upon that threat. 

Aggravated assault and simple assault are very serious charges in Florida that can carry lengthy prison sentences and heavy financial penalties. If someone is charged with assault or aggravated assault, 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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