Section 784.021: Aggravated Assault
Learn what aggravated assault means under Florida law, potential penalties, and your legal options if charged in Tampa. Call 813-229-5353 for help.
As Written in Florida Law:
- An “aggravated assault” is an assault:
- With a deadly weapon without intent to kill; or
- With an intent to commit a felony.
- A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.
History.—s. 2, ch. 3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. 29709, 1955; s. 1, ch. 57-345; s. 731, ch. 71-136; s. 18, ch. 74-383; s. 8, ch. 75-298; s. 5, ch. 2021-6.
Note.—Former s. 784.04.
Understanding Florida Statute 784.021
If you’ve been charged with aggravated assault in Tampa, Florida, it’s essential to understand what this charge means and what your legal options are. Florida Statute 784.021 outlines the definition, elements, and penalties of aggravated assault, a serious offense that can result in a felony conviction. In this article, we’ll break down the statute in simple terms so you know what to expect and how a criminal defense attorney can help.
What Is Aggravated Assault in Florida?
Under Florida Statute 784.021, an aggravated assault is an assault that meets one of two conditions:
- It is committed with a deadly weapon but without intent to kill; or
- It is committed with the intent to commit a felony.
This means that if someone threatens another person and has a weapon involved — like a gun, knife, or even an object that could cause serious harm — they could be charged with aggravated assault, even if they didn’t hurt anyone.
What Is an Assault?
To understand aggravated assault, it’s essential to know what a simple assault is. In Florida, assault doesn’t require physical contact. It’s defined as:
- An intentional, unlawful threat by word or act to do violence to another person,
- With the apparent ability to carry out that threat, and
- Doing something that causes the other person to fear that violence is about to happen.
When a deadly weapon or intent to commit another felony is added, it becomes aggravated assault.
What Are the Penalties for Aggravated Assault in Florida?
Aggravated assault is classified as a third-degree felony. This means the possible penalties can include:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
- A permanent criminal record
However, penalties can be more severe in certain situations. For example, suppose the assault is committed in connection with a riot or aggravated riot. In that case, the offense is treated as more serious during sentencing, as noted in the statute under subsection (3).
What Counts as a Deadly Weapon?
A deadly weapon doesn’t have to be a firearm. Courts in Florida have ruled that objects like a baseball bat, broken bottle, or even a car can be considered deadly weapons if they are used — or intended to be used — to cause serious harm or death.
Defenses Against Aggravated Assault Charges
Every case is different, and the right defense strategy depends on the facts. Some possible legal defenses include:
- Self-defense: You were protecting yourself or someone else.
- Lack of intent: There was no threat or intent to cause fear.
- No deadly weapon: The object involved was not capable of causing serious harm.
- False accusation: The alleged victim may have made a misleading or false report.
If you’ve been charged with aggravated assault, it’s essential to speak with an experienced criminal defense lawyer as soon as possible. The Law Office of Daniel J. Fernandez, P.A. has years of experience helping individuals in Tampa defend against serious criminal charges.
Why You Need a Criminal Defense Attorney
Aggravated assault charges can have life-changing consequences. You could face jail time, lose your job, and have a permanent criminal record. But with a strong legal defense, you may be able to reduce the charges, avoid prison, or even get the case dismissed.
Don’t wait to get the legal help you need. Contact the Law Office of Daniel J. Fernandez, P.A., today at 813-229-5353 for a free consultation.
Frequently Asked Questions About Aggravated Assault
Is aggravated assault a felony in Florida?
Yes. Aggravated assault is a third-degree felony in Florida and carries up to 5 years in prison.
Can I go to jail for aggravated assault even if I didn’t hurt anyone?
Yes. Physical injury is not required. If you threatened someone with a deadly weapon or acted with intent to commit a felony, you can still be charged.
What is the difference between assault and aggravated assault?
Assault involves threatening someone with violence. Aggravated assault adds either a deadly weapon or the intent to commit another felony.
What should I do if I’m charged with aggravated assault in Tampa?
Contact a qualified criminal defense attorney right away. You have legal rights, and an attorney can help protect them. Call us at 813-229-5353 to speak with an experienced lawyer today.
Can aggravated assault charges be dropped?
In some cases, yes. With the right legal defense, charges may be reduced or dismissed, especially if there is a lack of evidence or a strong justification, such as self-defense.
Contact Us for a Free Consultation
If you or a loved one has been charged with aggravated assault in Tampa, don’t face it alone. Contact the Law Office of Daniel J. Fernandez, P.A. at 813-229-5353 for trusted legal defense and personal guidance.
Visit our violent crimes defense page to learn more about how we handle cases involving aggravated assault, battery, and other serious charges.