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Aggravated Assault in Florida

If accused of Aggravated Assault in Florida, you need to know the:

• Definition for Aggravated Assault
• Penalties for Aggravated Assault
• Defenses to Aggravated Assault

Definition of Aggravated Assault

The crime of Aggravated Assault is defined as:

1. An intentional and unlawful threat - by word or act - to commit violence against another person;
2. With the apparent ability to carry through with the threat at the time it was made;
3. And the threat created a genuine fear in the intended victim that the violence was imminent; and
4. The accused made the threat:
   • With a Deadly Weapon, or
   • In the commission of a Felony.

What is Considered a Deadly Weapon?

A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Penalties for Aggravated Assault

Aggravated Assault is a Third Degree Felony and is classified as a Level 6 offense under Florida's sentencing guidelines.

If convicted of Aggravated Assault, a judge can impose any combination of the following penalties:

• Up to five (5) years in prison.
• Up to five (5) years of probation.
• Up to $5,000 in fines.

Firearm Enhancement: Aggravated Assault with a Firearm

Aggravated Assault with a Firearm is technically the same offense as Aggravated Assault with a Deadly Weapon. However the allegation that the "deadly weapon" was a firearm triggers a three (3) year minimum-mandatory prison sentence if convicted as charged.

Public Safety Reclassification and Enhancement

Aggravated Assault is reclassified from a Third Degree Felony to a Second Degree Felony if the victim was a Law Enforcement Officer, Firefighter, or EMT. Additionally, the defendant will be facing a minimum-mandatory prison sentence of three (3) years in prison.

Permanent Criminal Record

Unlike many crimes, if you are a first-time offender and you plea to Aggravated Assault you will be ineligible to ever petition the court to seal your arrest or court records - meaning you will have a permanent criminal record.

Defenses to Aggravated Assault

There are two primary defenses (other than false allegations) to allegations of Aggravated Assault:

1. Conditional Threat
2. Unreasonable Fear

Conditional Threat

A statement that sets out a conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault (although it could constitute another crime such as Disorderly Conduct).

Unreasonable Fear

If, while being "threatened", the accuser was taunting the defendant or did not actually believe the defendant would follow through with the threat, then a later claim of assault - usually because of pettiness - will be ruled unreasonable because the accuser did not actually feel threatened.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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