Aggravated Assault

Aggravated assault involves intentionally and unlawfully threatening another person with violence and doing so with either a deadly weapon or with the intent to commit a felony.

The key elements of aggravated assault in Florida include:

• Intent: The individual must have the intent to threaten another person with violence.

• Unlawful Threat: The threat made must be unlawful, meaning it is not justified or protected by law.

• Deadly Weapon: The assault must involve the use of a deadly weapon or the intentional display of a weapon, or the accused must have the apparent ability to use a deadly weapon.

Under Florida law, a "deadly weapon" is any object used or threatened to be used in a way that is likely to produce death or great bodily harm.  Yes, any object.  That means that the type of weapon itself does not matter as much as the way it is used.

Intent to Commit a Felony: Alternatively, aggravated assault can occur if the assault is committed with the intent to commit a felony.

Penalties for Aggravated Assault

Aggravated assault is typically classified as a third-degree felony in Florida. The maximum penalties for aggravated assault are a combination of any of the following:

·       Up to $5,000 fine

·       Up to 5 years in prison

·       Up to 5 years probation

Enhanced Penalties:  Florida law protects certain groups of individuals in the public sector and enhances the penalties for crimes committed against them.  If an aggravated assault is committed against an emergency medical care provider, firefighter, or law enforcement officer, it is enhanced from a third-degree felony to a second-degree felony.  This also carries a mandatory minimum of three years in prison.  

Permanent Criminal Record:  A conviction for aggravated assault is ineligible for sealing or expungement, even if it is the defendant’s first offense.

Defenses to Aggravated Assault

Self-Defense: If the accused reasonably believed that they were in imminent danger of harm and used force to protect themselves, it may be a valid self-defense claim. The force used must be proportional to the perceived threat.

Lack of Intent: Assault requires the intentional threat of violence. If it can be shown that there was no intent to threaten or that the threat was not made willingly, it is a defense. 

Lack of Intent to Commit a Felony:  If the prosecution is relying on the premise that the assault is aggravated because there was an intent to commit a felony, showing that there was no intent to commit such felony is a valid defense.

Conditional Threat: When the defendant offers to commit violence against another person contingent upon an event that may occur in the future, it is a conditional threat.  Because there is no apparent ability to carry out the threat at the time it is made, this is a defense to assault. 

Unreasonable Fear: If an assault victim claims that they were fearful, but no reasonable person would believe they were in imminent danger, it can be a defense to assault.  Their fear may have been the result of paranoia or imagination. 

Consent: If the alleged victim consented to the actions that would otherwise constitute assault, it may serve as a defense.

No Apparent Ability: If the accused did not have the apparent ability to carry out the threat at the time it was made, it is a defense.

Lack of a Deadly Weapon: One of the most common ways to negate an aggravated assault charge is to argue that the weapon was not deadly.  Because of the vague definition of the word, many arguments can be made either way.  Arguing that the “weapon” that was used, no matter what it was, is unable to produce death or great bodily harm is one of the ways to attack an aggravated assault charge. 

It's important to note that the specific details of each case can impact the charges and potential defenses.

If you or someone you know is facing aggravated assault charges in Florida, contact Howeller Law, P.L.L.C. today.  Consultations are always free.