Aggravated Assault With A Deadly Weapon

Aggravated Assault With a Deadly Weapon in Florida: What You Need to Know

Aggravated assault with a deadly weapon is a serious felony charge in Florida that can lead to severe penalties if convicted. This article will provide an overview of what constitutes aggravated assault, the penalties you may face, and potential defenses to fight the charges.

What is Aggravated Assault in Florida?

Aggravated assault is considered an enhanced form of assault under Florida law. It involves assaulting someone using a deadly weapon or with the intent to commit another felony crime.

To be convicted of aggravated assault, the prosecution must prove:

• You intentionally threatened, by word or act, to do violence to the victim
• You had the apparent ability to carry out the threat
• The threat created reasonable fear in the victim that violence was about to happen
• You used a deadly weapon or intended to commit another felony crime

Unlike battery, aggravated assault does not require any physical contact with the victim. Just making a credible threat is enough.

What is Considered a Deadly Weapon in Florida?

Many people assume a deadly weapon means a firearm or knife. But Florida’s definition is much broader. A deadly weapon can be any item used or threatened to be used in a way likely to cause death or great bodily harm.

Some examples of deadly weapons include:

• Blunt objects like bats, sticks, or beer bottles
• Vehicles when used to threaten pedestrians
• Knives, box cutters, or broken glass
• Poisons or hazardous chemicals
• Hands, fists, or feet when used to kick or strike viciously

Even common everyday items like pens, rocks, tools, and more can be considered deadly weapons if used to threaten violence.

Penalties for Aggravated Assault in Florida

Aggravated assault is a third-degree felony in Florida punishable by:

• Up to 5 years in prison
• Up to 5 years probation
• Fines up to $5,000

Harsher penalties apply if certain factors are involved:

• 10-20 years if you assault a law enforcement officer, firefighter, or other special victim
• 20 years minimum if you discharge a firearm during the assault

A conviction also leads to a permanent criminal record that can hurt job, housing, and other life prospects.

Common Defenses Against Aggravated Assault Charges

There are several legal defenses that could get your aggravated assault charges reduced or dismissed in Florida:

Self-Defense

If you can show you acted in self-defense against an imminent threat, the charges may be dropped. The threat you faced must have been immediate and you needed to use reasonable force.

No Intent to Threaten

If there is lack of evidence you intended to threaten the victim, you may avoid conviction. For example, if you made vague statements that the victim misinterpreted.

No Reasonable Fear

The victim must have reasonably feared immediate violence based on your actions. If the fear was unfounded, you may not be guilty.

Misidentification

Eyewitness misidentification is common. If the victim wrongly identifies you as the perpetrator, you could fight the charges.

False Accusations

Sometimes allegations are fabricated for ulterior motives. Your lawyer can investigate whether this is the case.