§ 784.021 Aggravated Assault

The crime of Aggravated Assault is a Third Degree Felony in Florida, which is punishable by up to 5 years in prison and a $5,000.00 fine. If the person has been previously convicted of a felony, that person may be subject to more severe punishment.

This offense occurs when a person:

  1. A person commits an Assault under Fla. Stat. § 784.011.
    • The offense of Assault occurs when:
      • A person intentionally and unlawfully threatens, either by word or by act, to do violence to another.
      • At the time of the threat or act the person appeared to have the ability to carry out the threat.
      • The words or acts created n the mind of the victim a well-founded fear that the violence was about to take place.
  2. Commits said assault with a deadly weapon without an intention to kill, or
  3. Commits said assault with the intent to commit some other felony.

Defenses to Aggravated Assault in Destin, Ft Walton Beach, Crestview, Shalimar, and other areas of Florida

Some of the defenses to Aggravated Assault are:

  • Defenses listed under Defenses to Misdemeanor Assault, including:
    • Self-Defense.
    • Defense of Others.
    • Absence of Intent [1].
    • No present apparent ability to carry out the alleged threat [1].
    • A Threat into the Future.
    • Stand Your Ground.
    • Absence of a well-founded fear on the part of the alleged victim [1][2].
    • A Conditional Threat.
  • The object being used was not used or could not be used in a manner likely to cause death or bodily harm.
  • The bodily harm caused is not significant (but is instead slight, trivial, minor, or moderate harm).
  • Absence of conscious intent to commit the underlying felony to the victim.

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Aggravated Assault in Northwest Florida please call us today at (850) 609‑0940 or send an online form.

Initial Office Consults are free, and I will make myself available to suit your schedule.

Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring when you are charged with Aggravated Assault.

References:

[1] Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990).

[2] Battles v. State, 288 So. 2d 573 (Fla. 2nd DCA 1974).


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