Aggravated Assault: What You Need to Know

Aggravated assault is a broad legal term that can cover a wide range of situations involving a violent act or the threat of violence. In Florida, aggravated assault is a third degree felony that can result in penalties including up to 5 years in prison. If you have been accused of aggravated assault, it’s important to contact an experienced aggravated assault lawyer in Tampa.

Aggravated Assault Under Florida Law

As explained under section 784.021 Florida Statutes, aggravated assault is defined as:

(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) Whoever commits an aggravated assault shall be guilty of a felony of the third degree,

Although this legal definition gives us a basic understanding of the law, let’s delve deeper into the law by looking at the intent and what is defined as a deadly weapon.

The Intent or Threat of Physical Violence

One crucial element in an aggravated assault case is intent. Regardless of whether or not the defendant truly planned on harming another person or not, the threat of violence is considered sufficient evidence within the context of the law. In other words, the defendant does not need to make physical contact with another person to be charged with aggravated assault as long as the belief that the defendant intended to seriously harm the person was present during the exchange.

The Broad Term “Deadly Weapon”

If a deadly weapon is wielded in an assault, this establishes that the act was considered aggravated assault under the law. A deadly weapon can include everything from a gun to a baseball bat to a beer bottle as long as the weapon is considered a threat to the person and may cause serious bodily injury or death. The deadly weapon does not need to be utilized to physically harm another person as well. If the defendant threatens a person with a weapon they are wielding then the fear of being harmed by this weapon could be considered aggravated assault.

Hire an Experienced Attorney

When defending an aggravated assault charge, the details involved in the case are extremely important. Hiring an experienced aggravated assault lawyer in Tampa that understands the complex laws pertaining to aggravated assault is crucial. If you have been accused of aggravated assault, hiring an attorney that can closely evaluate your case may end up being the difference between serving a prison sentence or being found innocent of a crime.

For a free consultation with an experienced aggravated assault attorney in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Case Results

Sexual Cyberharassment Charges Nolle Prossed

The Client was Charged with two Counts of Sexual Cyberharrassment. Attorney Anthony Rickman succeeded in procuring a dismissal of the charges by the State.
Show More

Battery Investigation Closed Prior to Any Arrest or Charges Filed

The Client was being investigated for Battery after greeting a friend at a Super Cuts and the friend alleged that the Client touched him inappropriately. The Rickman Law Firm immediately contacted investigators and the State
Show More

Mandatory Prison charges reduced to minimum Probation time – Adjudication Withheld on all Six Felonies & Three Misdemeanors

After the Client was originally arrested for Robbery charges, while out on bond he got rearrested with new charges. The Client was charged with a total of six Felony counts of Uttering a Forged Instrument (two counts), Grand
Show More