Major FL Court: Aggravated Assault is a Specific Intent Crime. Here’s What That Means

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant was not guilty of aggravated assault as a matter of law on a victim who rolled under a truck to remain invisible to the defendant while the defendant was robbing the victim’s friends.

In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. Though it is typically considered a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine), it can be punished as a second-degree felony if committed upon an elderly victim or the victim was part of a “protected group” (e.g. police, firefighters). To learn more, click here.

There are two types of aggravated assault in Florida – aggravated assault with a deadly weapon without intent to kill, and aggravated assault with intent to commit a separate felony. Critically, if aggravated assault with a deadly weapon is done with intent to kill, this is likely to be charged as a more serious offense (e.g. attempted manslaughter or attempted second-degree murder).

For someone be guilty of aggravated assault in Florida, the State must prove all of the following beyond a reasonable doubt:

• The defendant made 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 

Note: It is not a requirement that the defendant directly point the deadly weapon (e.g. a firearm) at the victim – but the weapon must be used or threatened to be used in a manner that creates a well-founded fear of imminent violence in the victim(s). For more, click here.

Some examples of aggravated assault with a deadly weapon (without intent to kill) (Fla. Stat. 784.021(1)(a)) in Florida include:

• A jumps out of his car during a road rage incident and threatens B, the driver of the vehicle in front of him, with a pistol (but does not actually intend to shoot B)
• C rushes towards D with a knife in an effort to “scare” him (without lawful justification), causing D to flee out of fear he is about to be stabbed
• E grabs a baseball bat during an argument with F and begins to swing it wildly near F’s head

Examples of aggravated assault with intent to commit a separate felony (Fla. Stat. 784.021(1)(b)) include:

• A places a hand in his pocket (pretending to have a weapon) as he runs up to B on the street and demands his wallet (aggravated assault with intent to commit robbery)
• C corners D in an alley and rushes at her with the intent to victimize her sexually, but E sees this and chases C away before the act is completed (aggravated assault with intent to commit sexual battery)
• F drives up to G (a child) in his van and threatens to kill him unless G hops in his trunk (aggravated assault with intent to commit kidnapping)

Note: The definition of a “deadly weapon” for aggravated assault purposes is any object used or threatened to be used in a manner likely to cause death or serious bodily harm. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020).

Deadly weapons may include:

• BB guns
• Spearguns
• Sticks (especially if larger)
• Beer bottles
• Rocks 
• Chairs
• Bats
• Cars and trucks

For a comprehensive legal breakdown of what constitutes a deadly weapon under Florida law, click here.

One of the key legal debates surrounding Florida’s aggravated assault with a deadly weapon law is whether this is a general or specific intent crime. Courts have debated whether aggravated assault can be committed even if the defendant did not intend to victimize a particular person.

Take the example of a defendant waving a gun around in a threatening manner. Someone nearby, without the defendant’s knowledge, witnesses this. If aggravated assault with a deadly weapon is a general intent crime, the defendant would be guilty – since they committed an act that placed well-founded fear in the victim, with the apparent ability to carry it out (e.g. use the gun).

But if aggravated assault is a specific intent crime, the defendant would not be guilty in this scenario. This is because, even though an intentional act was committed that put the victim in well-founded fear of imminent and unlawful violence, the defendant did not know of the victim’s presence. Without specific intent to target the victim, aggravated assault has not occurred.

In a major case on this issue, one top Florida court ruled that aggravated assault with a deadly weapon is a specific intent crime. Let’s take a look at that case – Denard v. State, 30 So.3d 595 (Fla. 5th DCA 2010) – and what it means for defendants charged with aggravated assault with a deadly weapon in Florida.

KEY CASE: Denard v. State, 30 So.3d 595 (Fla. 5th DCA 2010) 

In Denard, the defendant (Denard) was charged with two counts of robbery with a firearm (e.g. armed robbery) and three counts of aggravated assault with a deadly weapon (the firearm used during the robbery).

At trial, it was revealed that Denard and a co-defendant approached a group of what was initially three men, intending to rob them. Before Denard and his co-defendant got to the trio’s location, one of the alleged aggravated assault victims (Solitz) rolled under a nearby truck to avoid being victimized by Denard and his co-defendant.

Denard and the co-defendant proceeded to threaten the two men (not Solitz) with firearms and rob them. Solitz remained under the truck, watching the incident unfold. Solitz saw Denard and his co-defendant threaten the two other alleged victims with firearms, but Solitz himself was not threatened.

Nevertheless, Denard was charged with three counts of aggravated assault (including on Solitz), not two. At trial, the State argued that because Solitz was located near the spot of the robbery and saw his two associates threatened, Solitz was also a victim of aggravated assault with a firearm. The State contended this was the case because aggravated assault is a general intent crime.

At trial, Denard moved for a judgment of acquittal (MJOA) on the aggravated assault with a deadly weapon charge against Solitz. Denard argued aggravated assault with a deadly weapon was actually a specific intent crime, requiring Denard to know of Solitz’s presence and commit an act designed to put Solitz specifically in fear of imminent and unlawful violence.

The trial judge denied Denard’s MJOA request, and he was convicted on all counts (including aggravated assault on Solitz). On appeal, Denard reiterated his argument that because he did not have the specific intent to threaten Solitz, he was not guilty of aggravated assault on Solitz.

Florida’s 5th District Court of Appeal (Northeast Florida) agreed with Denard, and reversed his conviction of aggravated assault on Solitz. The 5th DCA ruled aggravated assault with a deadly weapon is a specific intent crime, writing:

“To establish an aggravated assault, the State must prove that the defendant had the specific intent to do violence to the person of another. Swift v. State, 973 So.2d 1196, 1199 (Fla. 2d DCA 2008). This threat element addresses the defendant’s intent, not simply the reaction of the person perceiving the act. Benitez v. State, 901 So.2d 935, 937 (Fla. 4th DCA 2005). In this case, the evidence does not establish that Denard had the specific intent to threaten Solitz. As Denard and his co-defendant approached two of Solitz’s friends menacingly, Solitz rolled under a nearby truck and remained there during the robbery of his two friends. Apparently, the robbers never saw him. While Solitz could see guns, he remained under the truck during the entire incident and no one pointed a gun at him or specifically threatened him. We reverse the aggravated assault conviction and sentence as it pertains to Javier Solitz and remand to the trial court to vacate that conviction and sentence.”

In sum, Denard v. State, 30 So.3d 595 (Fla. 5th DCA 2010) marks a significant development in Florida’s corpus of case law surrounding aggravated assault and specific versus general intent crimes. The 5th DCA found:

• Denard’s threat of the two robbery victims with a firearm was not intended to threaten Solitz, who rolled under a truck and was out of view at the time of the act
• Aggravated assault is a specific intent crime, requiring the defendant to intentionally threaten a particular victim to be guilty
• As Solitz merely “witnessed” the threat and was not its target, Denard did not commit aggravated assault on Solitz as a matter of law – requiring reversal of his conviction on that count

Florida’s criminal defense community should take note of Denard v. State, 30 So.3d 595 (Fla. 5th DCA 2010), as it can serve as a strong basis for a pretrial motion to dismiss or motion for a judgment of acquittal (MJOA) in an aggravated assault case. 

If there is no evidence the defendant intentionally and specifically threatened the alleged victim, they are not guilty as a matter of law of aggravated assault.

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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