Pursuant to Florida Statute 784.021 Aggravated assault is an assault with a deadly weapon without the intent to kill or with an intent to commit a felony.
To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt. The first three elements define assault.
- The accused intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
- At the time, the accused appeared to have the ability to carry out the threat.
- The act of the accused created in the mind of the victim a well-founded fear that the violence was about to take place.
- The assault was made with a deadly weapon or in the commission of a felony
If the accused is charged with aggravate assault with a firearm, the jury must specifically find that the accused committed the aggravated assault with a firearm.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
A conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault.
Aggravated assault is a felony of the third degree punishable by up to 5 years in Florida State Prison.
Firearm Enhancement—10-20-Life law
If the aggravated assault was committed with a firearm then the accused is subject to Florida’s 10-20-Life law and is facing a three year minimum mandatory prison sentence.
Aggravated Assault is reclassified from a Third Degree Felony to a Second Degree Felony if the victim was a Law Enforcement Officer, Firefighter, or EMT. Additionally, if the accused is convicted of aggravated assault on a law enforcement officer then the defendant will be subject to sentencing under Florida’s 10-20-Life law and is facing a three year minimum-mandatory prison sentence.
If you are charged with Aggravated Assault in Broward County, an experienced Criminal Defense Attorney is essential. For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.