What is Aggravated Assault with Intent to Commit a Felony?

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Aggravated assault with intent to commit a felony occurs when someone commits assault with the intent of using that assault to commit a separate felony offense under Florida law.

In Florida, aggravated assault is a very serious offense. There are two types of aggravated assault recognized by Florida law – aggravated assault with the use of a deadly weapon, and aggravated assault with intent to commit a felony. 

Aggravated assault with intent to commit a felony is the less commonly charged of these two, and as a result, is often misunderstood. This blog will discuss aggravated assault with intent to commit a felony (Fla. Stat. 784.021(1)(b)) by answering frequently asked questions about this crime in Florida.

#1 – What is aggravated assault with intent to commit a felony?

Aggravated assault with intent to commit a felony occurs when someone unlawfully threatens another person with imminent violence, has the apparent ability to carry out the threat, and makes the threat with the intent to commit a separate felony under Florida law.

#2 – What must the State prove for someone to be guilty? 

For someone to be guilty of aggravated assault with intent to commit a felony, the State must prove all of the following beyond a reasonable doubt:

• The defendant made an intentional and unlawful threat of imminent violence against the victim 
• The defendant had the apparent ability to carry out the threat
• The nature of the threat was sufficient to put a well-founded fear of imminent violence in a reasonable victim
• The defendant made the threat with the intent to commit a separate felony 

#3 – Is aggravated assault with intent to commit a felony a felony or misdemeanor?

Aggravated assault with intent to commit a felony is a third-degree felony in Florida, punishable by 5 years in prison, 5 years of probation, and a $5,000 fine.

If an aggravated assault is committed against certain individuals (e.g. active duty police) or in furtherance of a riot or aggravated riot, it is a second-degree felony (up to 15 years in prison, 15 years probation, $10,000 fine).

For more on the penalties for aggravated assault, click here.

#4 – How is a felony defined in Florida?

A felony is defined as any crime punishable by one or more years in the Florida Department of Corrections (DOC). There are six types of felonies in Florida:

• Third-degree felonies (up to 5 years in prison and a $5,000 fine)
• Second-degree felonies (up to 15 years in prison and a $10,000 fine)
• First-degree felonies (up to 30 years in prison and a $10,000 fine)
• PBL felonies (a subset of first-degree felonies punishable by up to life in prison and a $10,000 fine)
• Life felonies (punishable by up to life in prison and a $15,000 fine)
• Capital felonies (punishable by the death penalty or mandatory life in prison)

For more on felonies and their statutory classifications in Florida, click here.

#5 – Must someone explicitly threaten to commit a separate felony?

Not necessarily. For an assault to be committed in Florida, the following must be true:

• The defendant made an intentional and unlawful threat of imminent violence
• The threat was sufficient to place a victim in well-founded fear that violence was about to occur
• The defendant had the apparent ability to carry out the threat

Aggravated assault with intent to commit a felony is simply an assault with the underlying goal being to commit a separate felony – other than the aggravated assault. 

For example, A corners B in an alley with the intent to commit sexual battery upon her – but does not openly announce his intent to do so. A simply raises his fist, tells B not to move, and threatens to kill her if she does.

This is still aggravated assault to commit a separate felony (sexual battery). Even though A has not declared out loud which separate felony he intends to commit, he has developed the intent to commit the separate felony and the assault is completed for that purpose.

#6 – Must the separate felony actually be completed?

No, the law does not require the separate felony to actually be completed. If an assault is done with the intent to commit a separate felony, it is considered aggravated assault (a third-degree felony by itself).

#7 – Does the alleged victim have to personally be in fear?

No, the alleged victim does not personally have to be in fear that imminent violence (and/or the separate felony) is about to occur. Rather, the assault must be of such a nature that a reasonable person would have a well-founded fear of imminent and unlawful violence.

This is one of the most misunderstood aspects of assault in Florida. A victim does not have to testify or otherwise prove they were subjectively in fear. The threat must simply be of a nature that would create a well-founded fear of violence in a reasonable person (and be made with the intent to commit a separate felony). Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020)

#8 – What if the threat was conditional?

Generally, conditional threats are insufficient to constitute aggravated assault. An example of a conditional threat is, “If you don’t leave me alone, I will punch you.”

Courts usually consider this insufficient to establish aggravated assault — as the victim can do something to avoid the violence, arguably making it not “imminent.” But a conditional threat can serve as the basis for an aggravated assault with intent to commit a felony conviction under certain circumstances.

For example, A pulls up to B in his van. He tells B, who is a child walking on the sidewalk, “If you don’t get in my van, I will kill you.” 

Since B is given either the choice of facing deadly violence (murder) or being kidnapped by A, this is still aggravated assault despite the “conditional” nature of the threat. This is because kidnapping is a separate felony, and the threat reasonably created fear of imminent violence in B if he did not cooperate. 

#9 – What about if someone uses a deadly weapon?

In some situations, a person may use a deadly weapon and intent to commit a separate felony (e.g. rape, robbery, burglary) when committing an aggravated assault. So, can someone be charged with both forms of aggravated assault (with a deadly weapon, and with the intent to commit a felony) for the same conduct?

The answer is no. Under such circumstances, aggravated assault is very likely to be charged as aggravated assault with a deadly weapon. Charging both forms of aggravated assault for the same act is considered a violation of double jeopardy. Gardner v. State, 170 So. 2d 461 (Fla. 3d DCA 1965).

For more on aggravated assault with a deadly weapon in Florida, click here.

#10 – What are some examples of aggravated assault with intent to commit a felony?

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

• A corners B in an alley and threatens to kill her if she doesn’t stay still, intending to rape her, but being interrupted by a passerby before he can do so (intent to commit sexual battery)
• C pulls up to D on the side of the road in a van and threatens to kill him if he does not get inside (intent to commit kidnapping)
• E raises his fist in an effort to scare F so he can swipe her purse and run away (intent to commit robbery)

Some “non-examples” of aggravated assault with intent to commit a felony include:

• A threatens to kill B if he doesn’t give her rent money by next week (conditional threat)
• C raises a fist at D, a store clerk, to scare D so C can steal a pack of gum (assault with intent to commit misdemeanor petty theft, not a felony)
• I corners J and says, “I’ll punch you if you don’t let me borrow your bike” (assault with intent to potentially commit misdemeanor battery)

#11 – Must the State prove which felony someone attempted to commit?

Yes, the felony someone intended to commit must be specified in the charging document and proven beyond a reasonable doubt by the State. The jury cannot simply find that the defendant intended to commit “a felony” by carrying out the assault – the felony must be named. Black v. State, 173 So.2d 166 (Fla. 2d. DCA 1965)

#12 – How is intent to commit a separate felony proven?

Intent to commit a separate felony can be proven with direct evidence (e.g. a statement by the defendant declaring their intent to commit the separate felony), or circumstantial (indirect) evidence that establishes the assault’s objective was the facilitation of a separate felony (Black). 

#13 – What are my defenses to this charge?

There are many defenses available to aggravated assault with intent to commit a separate felony, one or more of which may apply in a particular case. These may include:

• Lack of intent to commit a threat (e.g. swinging a fist and someone incidentally gets scared)
• No well-founded fear of imminent violence by the victim 
• Threats were conditional (and a felony would not have occurred either way, such as in the kidnapping example)
• Lack of ability to carry out the threat (e.g. being a thousand miles away)
• Self-defense, defense of others, or attempt to deter the commission of a forcible felony (for more on this, click here)
• Defense of dwelling or occupied vehicle
• Alibi/mistaken identity (especially effective if there is no reliable evidence of the defendant’s presence and evidence exists of their lack of presence
• Procedural defenses (moving to suppress unlawfully obtained evidence, moving to suppress post-Miranda statements, etc.)

In sum, aggravated assault with intent to commit a separate felony is one of two forms of aggravated assault in Florida, the other being aggravated assault with a deadly weapon. It is typically considered a third-degree felony, enhanceable to a second-degree felony under certain circumstances.

Someone does not have to complete a separate felony to be charged with (and convicted of) aggravated assault with intent to commit a separate felony. They must only commit an assault with the objective in mind of committing a separate felony – which can be any felony under Florida law.

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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