Aggravated Assault without a Gun

In Florida, aggravated assault is a serious offense carrying severe penalties. While many people associate aggravated assault with the use of a firearm, the public needs to know that aggravated assault charges can also arise from other actions.

At Stechschulte Nell, Attorneys at Law in Tampa, we believe in educating the community before they learn about the criminal law the hard way, after they are arrested. In this article, we provide a comprehensive explanation of aggravated assault under Florida law with a focus on how a person can be charged with aggravated assault without using a gun.

Understanding Aggravated Assault

Aggravated assault is defined under Florida Statutes Section 784.021. The statute provide that an aggravated assault is an assault:

With a deadly weapon without intent to kill; or
With the intent to commit a felony.

An assault, as defined under Florida Statutes Section 784.011, occurs when an individual intentionally threatens, by word or act, to do violence to another person, along with an apparent ability to carry out the threat, causing a well-founded fear in the other person that such a violent attack is imminent.

Read More > Assault Vs. Battery in Florida

Role of a Gun in Aggravated Assault

The use of a gun in an aggravated assault case typically qualifies as the use of a deadly weapon. When a firearm is used, the charges and potential penalties can be more severe due to the perceived increased threat to public safety. Florida law takes a stringent stance on crimes involving firearms, often leading to enhanced sentences under various statutes such as the 10-20-Life law, which imposes mandatory minimum sentences for certain gun-related offenses.

While the presence of a firearm can escalate an assault to aggravated assault, there are several other ways a person can commit aggravated assault without a gun. The critical element in these cases is the use of a deadly weapon or the intent to commit a felony. Here are some examples to illustrate the way the law applies:

Use of Other Deadly Weapons

Knives: Using a knife to threaten someone can result in aggravated assault charges. The law considers a knife a deadly weapon due to its potential to cause severe harm or death.

Blunt Objects: Objects such as bats, hammers, golf clubs, or even heavy tools can be classified as deadly weapons if used in a threatening manner. For example, swinging a bat at someone with the intent to harm them would almost certainly result in an aggravated assault charge.

Vehicles: Using a vehicle to intimidate or threaten harm to someone can also qualify as aggravated assault. Attempting to run someone down with a car or using a vehicle to force another driver off the road are classic examples.

Intent to Commit a Felony

Robbery: If an individual assaults another person with the intent to commit robbery, this can be charged as aggravated assault. The intention to commit a felony enhances the severity of the assault charge.

Burglary: Assaulting someone during the commission of a burglary can also be considered aggravated assault. The element of intending to commit a felony is crucial in elevating the charge from simple assault to aggravated assault.

Florida’s Penalties for Aggravated Assault

Florida law under Section 784.021(2) classifies aggravated assault as a Third-Degree Felony. The penalties for a third-degree felony in Florida can include:

Up to five years in prison

Up to five years of probation

Fines up to $5,000

There are certain aggravating factors can lead to enhanced sentences, including the following:

Repeat Offenders: Individuals with prior convictions for violent crimes face harsher penalties.

Victim Vulnerability: If the victim is considered particularly vulnerable, such as a child or an elderly person, the court can impose a more severe sentence.

Location of the Crime: Committing an aggravated assault in specific locations, such as in or near schools or public parks, can result in enhanced penalties.

Grounds for Enhanced Sentences

Florida’s statutes include provisions for enhanced sentencing based on various factors. Here are a few scenarios that might lead to more severe penalties:

Use of a Deadly Weapon: Even without a gun, the use of any deadly weapon in the commission of an aggravated assault can lead to enhanced penalties. The nature of the weapon and the way in which it is used are critical considerations.
Serious Bodily Injury: If the assault results in serious bodily injury to the victim, the penalties can be significantly increased. The degree of injury and its impact on the victim’s life are significant factors in the sentencing decision.
Hate Crimes: Aggravated assault motivated by bias or prejudice against a particular group (race, religion, sexual orientation, etc.) can result in enhanced penalties under Florida’s hate crime statutes.
Gang Activity: If the aggravated assault is associated with gang activity, it can also trigger more severe sentencing due to the additional threat posed by organized crime.

Legal Defenses

With an experienced and skilled aggravated assault defense lawyer, effective defenses to the charge include:

Self-Defense: If the actions alleged to constitute the aggravated assault were a necessary response to an immediate threat of harm, then Florida law may permit a finding that the defendant’s action was not a criminal assault but was a justifiable use of force in self-defense.

Defense of Others: Similarly to self-defense, asserting that the actions were taken to protect another person from imminent danger is also a defense. However, this defense is vulnerable in situations involving the defendant’s misinterpretation of the threat to the third-party.

Lack of Intent: Arguing that there was no intent to commit a felony or cause fear of imminent violence is a powerful defense to a charge of aggravated assault.

Misidentification: Proving that the accused was not the person who committed the assault.

Every case is unique, and the success of these defenses depends on the specific facts and circumstances involved. Whatever the facts, however, the experienced criminal defense lawyers at Stechschulte Nell in Tampa focus on identifying the strongest defense based on the parties involved and the circumstances presented.

By recognizing the various ways aggravated assault can be committed in Florida—whether using other deadly weapons or intending to commit a felony—everyone can better appreciate the wide scope of the law and the potential consequences.

We are on your side. Contact us for a case review today at 813-280-1244.