Florida Statute §784.021 | Classification: Third-Degree Felony
What Is This Charge?
Aggravated assault is an assault committed with a deadly weapon without intent to kill, or with the intent to commit a felony. Unlike simple assault — which requires only an intentional threat — aggravated assault involves either a weapon or a felonious purpose. No physical contact is required for this charge.
Penalties & Fines
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Up to 5 years in Florida state prison
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Up to 5 years of probation
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Up to $5,000 in fines
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Permanent felony record affecting employment, housing, and civil rights
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If a firearm was used, Florida’s 10-20-Life mandatory minimum law applies:
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– 10-year minimum if the firearm was displayed
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– 20-year minimum if the firearm was fired
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– 25 years to life if someone was injured or killed
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Potential for enhanced penalties if the victim was a law enforcement officer, elderly person, or pregnant woman
Additional Consequences
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Loss of the right to possess firearms
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Immigration consequences for non-citizens
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Difficulty obtaining professional licenses
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Potential civil lawsuit from the alleged victim
Possible Defenses
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Self-defense or defense of others
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The object used was not a deadly weapon
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No reasonable fear of imminent violence was created
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Lack of intent to commit a felony
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Mistaken identity
Why You Need a Defense Attorney
Aggravated assault is a serious felony that can permanently alter your life. An experienced defense attorney will immediately investigate the facts, review any video evidence, interview witnesses, and assess whether the weapon actually qualifies as deadly under Florida law. Many aggravated assault cases can be reduced to a lesser charge or resolved without a felony conviction when challenged early and aggressively.
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