Aggravated assault in Florida is threatening someone with violence, creating a well-founded fear, while using a deadly weapon without intent to kill or while intending to commit a felony. It is a third degree felony punishable by up to five years in prison, but if a firearm is involved, mandatory minimum prison sentences can apply. Self-defense and Stand Your Ground immunity are often central defenses.
Key facts at a glance
| Aggravated assault | Third degree felony under § 784.021, Fla. Stat., up to 5 years in prison |
|---|---|
| With a firearm actually possessed | 3 year mandatory minimum under § 775.087, Fla. Stat. |
| If a firearm is discharged | Much higher mandatory minimum terms apply |
| Aggravated battery | Second degree felony under § 784.045, Fla. Stat., up to 15 years |
| Simple assault | Second degree misdemeanor |
| Key defense | Stand Your Ground immunity under § 776.032, Fla. Stat. |
Charges against law enforcement officers, the elderly and certain other protected people are enhanced.
What is the difference between assault and battery in Florida?
Assault is a threat of violence that creates a well-founded fear that violence is about to happen. Battery is actual, intentional touching or striking against someone's will, or intentionally causing bodily harm. Aggravated assault adds a deadly weapon or intent to commit a felony. Aggravated battery adds great bodily harm, permanent disability, permanent disfigurement or the use of a deadly weapon.
How does Stand Your Ground work in an aggravated assault case?
Under § 776.032, Fla. Stat., a person who lawfully uses or threatens force in self-defense is immune from criminal prosecution. Your attorney can file a motion for a pretrial immunity hearing. Once you raise a proper claim, the State must overcome it by clear and convincing evidence. If the judge grants immunity, the case is dismissed before trial.
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What defenses can reduce or beat an aggravated assault charge?
- Self-defense or defense of others. Reasonable force to protect yourself or someone else is lawful.
- No deadly weapon. If the object was not used or likely to be used in a way that could cause death or great bodily harm, the charge may be reduced.
- No well-founded fear. The alleged victim's reaction and statements may not support the charge.
- Credibility and evidence problems. Inconsistent statements, missing video and biased witnesses are common.
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Why choose Daniel Rosenberg?
- Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
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- Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
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Frequently asked questions
Is aggravated assault a felony in Florida?
Yes. It is a third degree felony punishable by up to five years in prison, and more if a firearm enhancement applies.
Can I go to prison for aggravated assault without hurting anyone?
Yes. No injury is required. The threat combined with a deadly weapon is enough for the charge, and a firearm can trigger a mandatory minimum.
What counts as a deadly weapon?
Firearms and knives obviously qualify, but ordinary objects such as a car, bottle or bat can be treated as deadly weapons depending on how they were used.
Can aggravated assault be reduced to a misdemeanor?
Often it can, through negotiation or by showing that the weapon element cannot be proven.
What is a Stand Your Ground hearing?
It is a pretrial hearing where the judge decides whether you are immune from prosecution because you acted in lawful self-defense.
Related legal guides
Violent CrimesFlorida's Stand Your Ground Law Explained
Violent CrimesResisting Arrest in Florida: With and Without ViolenceRelated practice areas
Weapons Charges Defense Attorney
Domestic Violence Defense Attorney
Homicide Defense Attorney
Criminal Defense Attorney
All practice areas
- Criminal Defense
- Drug Crimes Defense
- Domestic Violence Defense
- DUI Defense
- Weapons Charges Defense
- Aggravated Assault Defense
- Insurance Fraud Defense
- First-Time Offenders Defense
- White Collar Crime Defense
- Homicide Defense
- Grand Theft Defense
- Organized Crime Defense
Florida law referenced: § 775.087, § 776.032, § 784.021, § 784.045, Florida Statutes (2025).
Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.