Aggravated Assault in Florida
- Erica Fontanez
- Jul 16
- 2 min read
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
Up to 5 years in Florida state prison
Up to 5 years of probation
Up to $5,000 in fines
Permanent felony record affecting employment, housing, and civil rights
If a firearm was used, Florida's 10-20-Life mandatory minimum law applies:
– 10-year minimum if the firearm was displayed
– 20-year minimum if the firearm was fired
– 25 years to life if someone was injured or killed
Potential for enhanced penalties if the victim was a law enforcement officer, elderly person, or pregnant woman
Additional Consequences
Loss of the right to possess firearms
Immigration consequences for non-citizens
Difficulty obtaining professional licenses
Potential civil lawsuit from the alleged victim
Possible Defenses
Self-defense or defense of others
The object used was not a deadly weapon
No reasonable fear of imminent violence was created
Lack of intent to commit a felony
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.
Call today for a free consultation: (813) 888-8888 | Email: erica@fllegaldefense.com
Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.

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