If one partner threatens to commit an act of violence against the other and the threat is found to be credible, or they use a deadly weapon, a spat can turn into a case of aggravated assault.
But what is the definition of an aggravated assault?
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
It is important to remember that intent is key. Regardless of whether the defendant actually planned to harm another person, the threat of violence is considered sufficient. 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. For example, if a husband threatens his wife with a gun without actually shooting her, that is an aggravated assault.
Keep in mind that a deadly weapon doesn’t have to be a knife or a gun. In loninger v. State, 846 So. 2d 1192 (Fla. 4th DCA 2003), the use of a beer bottle to strike a victim on the head was regarded as the use of a “deadly weapon.”