A Florida Aggravated Assault With a Deadly Weapon Lawyer Explains Your Rights and Defense Options
I want to speak to you directly as someone who has defended clients accused of violent offenses in Florida. If you are facing a charge of aggravated assault involving a deadly weapon, you need to understand what the statute demands, how prosecutors build their case, how self‑defense and immunity issues like Florida Stand Your Ground Law factor in, and how a dedicated Florida Aggravated Assault With a Deadly Weapon Lawyer can make the difference from day one.
The Statutory Framework: Florida Statute § 784.021
Under Florida Statute § 784.021 the law defines aggravated assault. The statute reads in relevant parts:
“(1) An ‘aggravated assault’ is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.”
“(2) 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.”
“(3) For 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 … is ranked one level above the ranking under s. 921.0022 …”
In plain terms: if you used or threatened force with a deadly weapon (even if you didn’t intend to kill) or you assaulted someone in the course of committing a felony, the charge falls under this aggravated assault statute.
Proving it requires the state to show a standard assault occurred, plus one of the elevated factors (deadly weapon or intent to commit a felony).
A “deadly weapon” under Florida law includes any instrument used in a way likely to cause death or serious bodily injury—even if the weapon itself is not inherently lethal (for example a replica firearm or broken bottle) if it is used in a threatening manner.
What Prosecutors Must Prove
When you are charged with aggravated assault with a deadly weapon, prosecutors must build a case that meets the following:
- Assault occurred — Under § 784.011 the state must show you intentionally and unlawfully threatened (by word or act) violence, you had apparent ability to carry out the threat, and your act created in the mind of the victim a well‑founded fear of imminent violence.
- Deadly weapon or intent to commit a felony — The state must show that you used a deadly weapon, or you intended to commit a felony during the assault.
- Beyond a reasonable doubt — The prosecutor must meet the highest burden of proof, establishing each element beyond a reasonable doubt.
Additionally, if the offense involved a firearm, Florida’s “10‑20‑Life” law (§ 775.087) may trigger mandatory minimums or enhancements.
In short: if you are accused of aggravated assault with a weapon, the prosecution is alleging you threatened serious harm, used or had the capability of using a weapon, and did so unlawfully. You face severe consequences—up to 5 years for a third‑degree felony, more if enhancements apply.
How the “Stand Your Ground” and Immunity Provisions Factor In
One of the most important considerations for anyone charged with aggravated assault involving a weapon is whether the self‑defense laws apply. Florida’s statute governing immunity from prosecution for justifiable use of force is § 776.032. It provides:
“A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution or civil action …”
Under § 776.013 a person “in a dwelling or residence … has no duty to retreat and has the right to stand his or her ground and use or threaten to use … deadly force if he or she reasonably believes that using deadly force is necessary to prevent imminent death or great bodily harm …”
Key points:
- If you acted within your rights of self‑defense under the statute, you may be immune from criminal prosecution, meaning the case could be dismissed before trial.
- The process typically requires a pretrial immunity hearing, where you must first show a prima facie case for immunity, and then the state must prove by clear and convincing evidence that immunity does not apply.
- The law removes the duty to retreat when you are lawfully in the place where force was used and you reasonably believed force was necessary.
From a defense attorney’s perspective, this is one of the most powerful tools. If the facts support it, we can move early to seek dismissal via immunity before the state invests in a full trial.
Why a Private Attorney Matters
When the state charges you with aggravated assault with a deadly weapon, your freedom and future are significantly at risk. Not every lawyer will build the kind of aggressive, fact‑driven defense you deserve. As a Florida Aggravated Assault With a Deadly Weapon Lawyer I bring resources and focus to the case in ways that make realdifference:
- Early investigation to secure surveillance, bodycam or dashcam footage, witness statements, weapon forensic testing, and scene reconstruction
- Timely filing of motions including motions to suppress evidence, motions for immunity hearings under § 776.032, and protective strategies for plea negotiations
- Close attention to whether the state has sufficient proof of each statutory element, or whether alternate charges may be more appropriate
- Advocacy in presenting mitigation to the prosecutor or judge in cases where adjustment is realistic
Public defenders are dedicated and often hard‑working, but the private attorney you retain may be able to devote more immediate attention and structure to complex assault‑weapon cases. I treat the case as singular—not as one file among many.
Typical Defense Strategies
Here are some of the defense angles I pursue when representing clients charged with aggravated assault involving a deadly weapon:
Lack of Intent or Threat
If the state cannot show you had the ability and intent to carry out the threat, the assault element may fail. For example, if the weapon was non‑functional or if you never brandished it, we can argue the threat was not real.
No Deadly Weapon or Mischaracterization
Was the object a deadly weapon? Was it actually capable of causing death or great bodily harm in the way it was used or threatened? We may examine whether the state mis‑characterizes a harmless object as “deadly.”
Self‑Defense or Stand Your Ground Immunity
If you were defending yourself or others, we can present facts to seek immunity under § 776.032 and potentially avoid criminal prosecution entirely.
Improper Police Procedure / Search or Arrest Issues
If law enforcement acted without probable cause, violated search or detention rights, or failed to preserve key evidence, we may challenge the case via suppression motions.
Mistaken Identity or Inadequate Evidence
Sometimes the weapon attribution, eyewitness identification, or forensic evidence is weak. I scrutinize each link in the chain to expose reasonable doubt.
Negotiation for Lesser Charge
When the facts support it, I may push to reduce the charge from aggravated assault to simple assault, or negotiate a plea with minimized consequences—but only after fully understanding the evidence.
Real‑Life Case Example
I represented a client charged with aggravated assault with a deadly weapon after an incident in which a firearm was alleged to have been pointed at a person during an altercation in a parking lot. Prosecutors sought a third‑degree felony under § 784.021(1)(a) because the state claimed my client used a “deadly weapon” but did not intend to kill.
We immediately obtained video surveillance showing my client armed with a replica handgun, not a real firearm, and footage that demonstrated the object was not pointed at the victim in the way the police report alleged. Our investigator also located a cooperating witness who stated the victim initiated the confrontation and threatened my client.
At the pretrial immunity hearing we presented that my client reasonably believed lethal force was unnecessary but that he acted in self‑defense when he believed he faced imminent threat. While the judge did not grant full immunity, the strength of the defense led to negotiations. Ultimately the state agreed to reduce the charge to a misdemeanor assault with no weapon enhancement, and my client avoided prison and a felony on his record.
This result came because the case was taken seriously from the start, with strategy, investigation, and immediatelyengaging the defense. That is exactly what you get when you hire a Florida Aggravated Assault With a Deadly Weapon Lawyer.
Florida Aggravated Assault With a Deadly Weapon FAQs
What is the difference between assault and aggravated assault in Florida?
Under § 784.011 a simple assault involves the threat or attempt to commit violence coupled with fear on the victim’s part. Under § 784.021 aggravated assault elevates that to a felony when a deadly weapon is used or there is intent to commit a felony.
If I used a weapon but didn’t fire it, can I still be charged with aggravated assault?
Yes. The statute covers assault “with a deadly weapon without intent to kill.” § 784.021(1)(a) makes it clear that actual intent to kill is not required—just use or threat with a deadly weapon.
How harsh are the penalties for aggravated assault with a deadly weapon?
By statute the offense is a felony of the third degree. § 784.021(2) states this explicitly. A third‑degree felony is punishable under § 775.082(3)(d) (up to 5 years prison) unless enhancements apply. If a firearm was involved, the 10‑20‑Life provisions may increase penalties significantly.
What is a “stand your ground” immunity hearing and when does it apply?
Under § 776.032 you may claim immunity from criminal prosecution if you used force as permitted by other statutes and you were in a place where you had a legal right to be.You must file a motion before trial, and the court will conduct an evidentiary hearing. If you establish a prima facie case of immunity, the burden shifts to the State to prove by clear and convincing evidence that your use of force was not justified.
Can the charge be reduced if the weapon allegation is weak?
Yes. If we show the weapon was not capable of causing death or great bodily harm in the manner used, or if there is no credible evidence it was used, we can argue the deadly weapon element fails. That may lead to reduction to simple assault or a misdemeanor alternative.
Will a conviction on aggravated assault affect my rights beyond prison time?
Yes. A felony conviction carries collateral consequences: loss of firearms rights, difficulty obtaining housing or employment, immigration consequences if you are not a citizen, and long‑term stigma. That is why fighting the charge aggressively from the start matters.
What if I was defending myself but still got charged anyway?
Even if you believe you were acting in self‑defense, prosecutors may file charges and expect a battle. A specialized attorney will evaluate the facts with respect to §§ 776.012 and 776.013 (justifiable use of force statutes) and § 776.032 (immunity) to determine the best path—whether to seek immunity, fight the case at trial, or negotiate a favorable plea.
Call Musca Law 24/7/365 at 1‑888‑484‑5057 For Your FREE Consultation
If you are facing an aggravated assault charge involving a deadly weapon in Florida, you are dealing with serious consequences that demand immediate attention. Don’t leave your future to chance. As your Florida Aggravated Assault With a Deadly Weapon Lawyer, I will act now—reviewing the state’s evidence, identifying defenses, and working to protect your rights and life.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Take action today before critical evidence disappears or the state locks in its version of events. You do not have to face this alone.