What Is Aggravated Assault With a Deadly Weapon in Florida?

As a Florida Aggravated Assault With a Deadly Weapon Attorney, I represent individuals charged with one of the most misunderstood violent crimes under state law. You don’t have to injure someone to face this felony. In fact, you don’t even have to touch them. If prosecutors believe you threatened someone with a weapon in a way they considered intentional and dangerous, you may be staring down a serious felony charge. But that doesn’t mean you’re guilty, and it certainly doesn’t mean the case is open and shut.

Many people come into my office with the same concern: “I didn’t even hurt anyone, how can this be a felony?” That’s exactly where a private attorney makes the difference. My job is to break down what the statute actually says, look at what happened during the incident, and build a defense that can reduce, or even eliminate, the charges you’re facing.

Quoting Florida Statute § 784.021: Aggravated Assault

The legal definition of aggravated assault is found in Florida Statute § 784.021, which states:

“An ‘aggravated assault’ is an assault:

(a) With a deadly weapon without intent to kill, or
(b) With an intent to commit a felony.”

Aggravated assault is a third-degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Let’s break that down. First, assault in Florida means a threat to do violence combined with the apparent ability to follow through on that threat. Add a deadly weapon or the intent to commit a felony, and suddenly you’ve crossed into aggravated territory, which raises the punishment and the stakes dramatically.

What Counts As a “Deadly Weapon” Under Florida Law?

The definition of a deadly weapon isn’t limited to firearms. I’ve seen people charged for using screwdrivers, bricks, broken bottles, and even motor vehicles. Under Florida law, a deadly weapon is any object used or threatened to be used in a way likely to produce death or great bodily harm. That means the item itself doesn’t have to be lethal—it’s how it’s used or displayed that matters.

If you pulled a knife from your pocket during a heated conversation, prosecutors may try to argue that it was intended to threaten. If you slammed your car into reverse toward someone, they may call that aggravated assault with a deadly weapon. But did you mean to threaten? Did the other person actually believe they were in danger? Was your action defensive? These are the questions I ask when I prepare your case.

A public defender may not have the time or resources to fully examine these facts. That’s why having a private defense attorney is so critical. I will press the prosecution on what evidence supports the charge and whether the state has proof beyond speculation.

Penalties for Aggravated Assault With a Deadly Weapon in Florida

Aggravated assault is a third-degree felony punishable by:

  • Up to 5 years in state prison

  • Up to 5 years probation

  • Up to $5,000 in fines

  • Mandatory adjudication of guilt

  • Possible firearm restrictions

  • Permanent criminal record

In cases involving a firearm and where the prosecution pursues sentencing enhancements, the penalties may become far more severe. Under Florida’s “10-20-Life” law, you could be looking at minimum mandatory sentences for displaying, discharging, or injuring someone with a firearm—even if no one was hurt.

These penalties can follow you for life. A felony conviction impacts job opportunities, housing, firearm rights, and even your family relationships. You need a skilled private defense attorney to fight for lesser charges, alternative sentencing, or dismissal altogether.

Common Defenses to Aggravated Assault With a Deadly Weapon

Every case is unique, but there are strong defenses that we often explore, including:

1. Self-Defense or Defense of Others
If you displayed a weapon because you felt threatened, your actions might be protected by Florida’s Stand Your Ground law or traditional self-defense laws. But asserting self-defense requires more than just saying you were scared. You must have had a reasonable belief that force was necessary to prevent imminent harm. I dig deep into the facts to demonstrate why your actions were legally justified.

2. Lack of Intent
Aggravated assault requires intent to threaten or commit violence. If your actions were misinterpreted, if you were simply holding or displaying an object with no threatening behavior, that may be enough to defeat the state’s theory of the case.

3. No Deadly Weapon
We often challenge whether the item in question actually qualifies as a deadly weapon. If it wasn’t used in a way that could cause great harm, the charge may not apply.

4. False Allegations or Misunderstandings
Disputes during breakups, road rage encounters, or heated arguments frequently result in exaggerated or even fabricated claims. I take the time to investigate those accusations, challenge witness credibility, and bring out inconsistencies in their stories.

5. Constitutional Violations
Any violations of your Fourth, Fifth, or Sixth Amendment rights may lead to suppression of evidence or even dismissal. If the police conducted an unlawful search or coerced a statement, I will use that to your advantage.

Why You Need a Private Attorney for Aggravated Assault Charges

A charge like this will not resolve itself. Prosecutors take accusations of violence seriously, especially when a weapon is involved. You need someone on your side who is committed to investigating the full story—not just accepting what was written in a police report.

Public defenders are often overwhelmed and under-resourced. As a private attorney, I have the time to talk with you directly, gather witness statements, obtain surveillance footage, and file motions that put the pressure on the state. I will pursue all avenues to get charges reduced to simple assault, deferred prosecution, or dropped entirely.

A Real Case Example: Charges Dropped After Video Evidence Disproves “Threat”

A man was arrested outside a convenience store in central Florida after an argument in the parking lot. The alleged victim claimed that my client waved a firearm in a threatening manner. Police arrested him for aggravated assault with a deadly weapon. The firearm was legally owned, and my client had a valid concealed carry permit.

The store had security cameras. My first action was filing a demand for preservation. We obtained the video, which clearly showed my client was holding a holstered firearm during a tense conversation but never unholstered or raised it. He kept his hands visible, never made physical threats, and appeared calm despite being verbally attacked by the other party.

I filed a stand-your-ground motion and a motion to dismiss based on the lack of probable cause. Within weeks, the State Attorney’s Office filed a no-information notice and dropped the charge.

That case is a powerful example of how early intervention, proper evidence gathering, and strong legal advocacy can protect your freedom and future. Without a private attorney, that client might have pled to a lesser charge just to avoid a trial.

Florida Statutes That May Also Apply

Other statutes often tie into aggravated assault cases:

  • § 776.012 – Use of Force in Defense of Person

  • § 776.032 – Immunity from Criminal Prosecution (Stand Your Ground)

  • § 790.10 – Improper Exhibition of a Dangerous Weapon

  • § 784.011 – Simple Assault

  • § 790.19 – Shooting into a Building or Vehicle

Understanding how these laws interact is key to building a solid defense. A lesser included offense or alternative charge could drastically reduce the penalties you face.

Florida Aggravated Assault With a Deadly Weapon FAQs

What makes an assault “aggravated” under Florida law?
An assault becomes aggravated when it involves a deadly weapon or when there’s an intent to commit a felony. You don’t need to make physical contact to be charged. The law focuses on the threat and the presence of a weapon. This raises the stakes from a misdemeanor to a third-degree felony. If the case involves a firearm, mandatory minimums may apply.

Does the weapon have to be a gun to qualify as a deadly weapon?
No. Florida courts have ruled that a wide range of items can be deadly weapons depending on how they’re used. Knives, bats, vehicles, or even tools like screwdrivers can be treated as deadly weapons if the prosecution believes they were used to threaten or harm someone. The context is everything, which is why a private attorney will examine all circumstances before the prosecution defines the object in question.

Can I claim self-defense in an aggravated assault case?
Yes, but self-defense isn’t automatic. You must show that you had a reasonable fear of imminent harm and that your response was proportional. Displaying a weapon alone may be enough to trigger charges if prosecutors think you acted aggressively. But if your behavior was defensive, and you meet the legal threshold under Florida law, a Stand Your Ground motion or traditional self-defense claim may be the most effective defense.

What happens if I’m convicted of aggravated assault with a deadly weapon?
A conviction can carry up to 5 years in prison, plus fines and probation. You’ll have a permanent felony record. In cases involving firearms, sentencing enhancements can apply. This charge also restricts your civil rights, including your ability to possess firearms. It can hurt your job prospects, housing eligibility, and immigration status. This is why having a private lawyer from the beginning is critical.

Can this charge be reduced or dismissed?
Yes. In many cases, we fight to get aggravated assault charges reduced to simple assault, improper exhibition, or disorderly conduct. If the evidence is weak or conflicting, we can seek dismissal. Prosecutors are often willing to negotiate when we raise strong legal challenges or provide a narrative the state’s file doesn’t tell. As your attorney, I’ll pursue all paths to protect your record and your freedom.

Will I go to jail if this is my first offense?
Not necessarily. First-time offenders may qualify for alternatives such as pre-trial diversion or probation. But felony charges aren’t automatically excused due to a clean record. The facts of the case will matter, and so will how early you get legal representation. My job is to raise every factual and legal issue that supports your release and blocks the state from moving forward.

Can a victim “drop” the charges?
No. Once police file a report and prosecutors take over, it’s no longer up to the alleged victim. The State Attorney controls the prosecution. Even if the other party changes their story, the case can continue. However, a recantation or lack of cooperation may be useful during plea negotiations or in building a motion to dismiss.

What should I do after being charged with aggravated assault?
Do not speak with police or anyone else about the case. Avoid social media posts or conversations about what happened. Contact a private defense lawyer right away. The sooner we start investigating, the better we can preserve evidence, identify defenses, and protect you from avoidable consequences.

Call a Florida Aggravated Assault With a Deadly Weapon Attorney Now


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