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 aggravated 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.