Aggravated Assault with a Deadly Weapon
An aggravated assault can occur in a home, a place of business, or on the highway. Sometimes the parties know each other as family members, co-workers, acquaintances, or neighbors. In other cases, the allegations arise during a confrontation between strangers.
The criminal offense of aggravated assault does not require that anyone is touched or physically injured. Instead, the crime is focused on the threat of violence by putting another person in fear.
Deadly weapons always include firearms but can also include items designed or adapted for the purpose of inflicting death or serious physical injury on another such as a pocket knife or brass knuckles.
Depending on how the object was used, even an item such as a baseball bat, a wrench, or a frying pan might be considered to be a deadly weapon.
A person accused of aggravated assault might have acted in self-defense, defense of others, or defense of property. Under Florida law, special defenses exist if a person is attacked while in their home, vehicle, or place of business.
Lawyers for Aggravated Assault with a Weapon in Tampa, FL
If you have been arrested for Aggravated Assault with a Deadly Weapon or Firearm in Tampa or Hillsborough County, then contact an experienced criminal defense attorney at the Sammis Law Firm. The jail injury form on the Hillsborough County Sheriff’s Office website describes the offense as: “AGGRAVATED ASSAULT WITH DEADLY WEAPON (ASSA5005).”
The four attorneys at Sammis Law Firm help our clients aggressively fight firearm charges and other crimes of violence involving possession of a weapon. The goal in many of these cases is getting the charges dropped completely, or at least reduced to a misdemeanor for either:
- improper exhibition of a dangerous weapon under Florida Statute 790.01; or
- discharging firearms in public under Florida Statutes 790.15.
Our main offices are located in downtown Tampa, just a few blocks from the courthouse. We also have a second office in New Port Richey across from the West Pasco Judicial Center.
We fight these cases throughout Hillsborough County, FL, and the surrounding Tampa Bay areas including in Pasco County (New Port Richey and Dade City), in Pinellas County (Clearwater and St. Petersburg), in Polk County (Bartow and Winter Haven), and Hernando County (Brooksville).
Contact us to discuss your case with an attorney today.
Elements of Aggravated Assault under F.S. 784.021
For assault cases that involve the use of a deadly weapon, then prosecutors in Tampa, FL, with the State Attorney’s Office for the Thirteenth Judicial Circuit will often file the assault charge as a felony for “Aggravated Assault” under F.S. 784.021.
For aggravated assault with a firearm, the following elements must be proven beyond all reasonable doubt at trial:
- The defendant unlawfully and intentionally threatened another person through an intentional act;
- At the time that the defendant made the threat, the defendant appeared to have the ability to carry out the threat;
- The act of the defendant caused the alleged victim to have a well-founded fear that the violence was about to take place;
- The defendant used a firearm by pointing the firearm at the victim in a manner which threatened to use the weapon in a way likely to produce death or great bodily harm; and
- The defendant had a fully-formed, conscious intent to commit the aggravated assault with a firearm upon the alleged victim.
The prosecution is not necessarily required to prove that the defendant intended to kill anyone.
Penalties for Aggravated Assault in Florida
The crime of aggravated assault is charged as a third-degree felony punishable by up to five (5) years in prison and a $5,000 fine. Prior to July of 2016, if the assault involved the actual possession of a firearm, then the offense also carried with it a three (3) year minimum mandatory prison sentence, although that minimum mandatory provision has since been removed.
In fact, the Florida Legislature enacted legislation to eliminate the minimum mandatory prison sentence for aggravated assault with a firearm effective on July 1, 2016. This new legislation eliminated the minimum mandatory sentences for aggravated assault in the 10-20-Life statute by deleting aggravated assault from the list of crimes to which 10-20-Life applies.
Part of the reason for the change was because of the disparate application of these two legal concepts as highlighted in several high-profile cases including:
- the Marissa Alexander 10-20-Life cases in Florida’s Fourth Judicial Circuit;
- the Ronald Thompson 10-20-Life case (also prosecuted in Jacksonville); and
- the George Zimmerman “Stand Your Ground” or justifiable use of force case in Sanford, FL.
See Heller, Use a Gun and You’re Done: How 10-20-Life and “Stand Your Ground” Together Have a Disparate Impact on Florida Citizens, Vol. 43, 2014, Southwestern L.R., available at https://www.swlaw.edu/pdfs/lr/43_3levitt (last visited Feb. 2, 2017).
Because of this legislative change, any person convicted of only aggravated assault will no longer qualify for the 10-20-Life penalties. The new legislation in 2016 also repealed exceptions for sentencing in aggravated assault cases enacted in 2014.
Prior to the change in the law, the 2014 version of the statute allowed the sentencing court to deviate from the minimum mandatory sentences for crimes of aggravated assault if the court made certain statutory findings based upon mitigating evidence presented at sentencing.
As a result of the legislative changes in 2016, because a person convicted of aggravated assault will no longer qualify for 10-20-Life sentencing, the repealed language has no further application in cases of aggravated assault committed after the effective date of the new legislation.
Criminal charges for aggravated assault are common in Florida. For example, in 2017, 26,624 people were arrested in Florida for aggravated assault. Out of those arrests, 1,956 were juveniles and 24,668 were adults.
Aggravated Assault under F.S. 784.021 – Visit the official website for the Florida legislature to find the statutory language that applies to the crime of aggravated assault under Florida Statute Section 784.021. Florida Statute 784.021 defines the crime of aggravated assault as an assault involving either:
- a deadly weapon without intent to kill; or
- with an intent to commit a felony.
Assault under Florida Statute 784.011 – The term “assault” is defined as “intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
Finding a Lawyer for Aggravated Assault in Tampa, FL
Any arrest for any offense involving a firearm is serious. If you believe your case involves the use of force in self-defense or the defense of others, then call us to discuss your case.
We represent clients on Aggravated Assault charges and other types of violent crimes involving a gun, firearm, or weapon throughout Hillsborough County and the surrounding areas.
The four attorneys at Sammis Law Firm are experienced in fighting for an outright dismissal of the charges so that the criminal history record can be expunged. We also help clients fight for a reduction in the case to a misdemeanor charge for discharging a firearm under Florida Statutes 790.15 or improper exhibition of a dangerous weapon under Florida Statute 790.01.
During a confidential consultation, we can explain the charges pending against you and why the stand your ground self-defense or other defenses might also be applicable.
Call us to set an appointment at our offices in Tampa or New Port Richey, FL. We fight these cases throughout Hillsborough County and Pasco County, including the surrounding areas in Hernando County, Pinellas County, and Polk County, FL.
Call (813) 250-0500.
This article was updated on Friday, January 8, 2021.