Florida law defines assault as an intentional threat of harm against someone, together with some act that creates a reasonable fear that harm is imminent. The crime becomes aggravated assault if accompanied by a deadly weapon, such as a firearm. There is no requirement that the deadly weapon actually be used. It only need be wielded in such a way that can put the victim in fear.

According to Florida Statute 784.021, the key elements of aggravated assault include:

• An intent to threaten or harm another person

• A credible threat made to the victim, which can be verbal or physical

• Use of an object that can inflict serious injury or death

This is a third degree felony, punishable by up to five years in prison and a fine of up to $5,000.

Deadly weapons include not only firearms but also any instrumentality that can cause significant harm. Examples include:

• Knives and other sharp-edged object, such as a broken bottle

• Blunt objects such as baseball bats, hammers or other heavy tools

• A car or other motor vehicle used in a menacing or threatening way

If you find yourself facing aggravated assault charges, an experienced criminal defense attorney can help you evaluate what defenses might be available in your particular case and situation.

Possible defenses that can be raised include:

1. Lack of intent — If the weapon was brandished in a moment of panic or misunderstanding, it may not meet the requirement of intending to threaten or harm the other person.

2. Self-defense or defense of others — Florida law allows individuals to use reasonable force, or a threat of force, to protect themselves and others from imminent harm. 

3. Lack of credible threat — A threat spoken in the course of an argument may not have truly instilled in the victim a fear of imminent harm. The test is how the words may have been reasonably perceived under the circumstances.

4. Mistaken identity — You may be able to prove that you were not the person who made the threat or used the weapon.

The Law Offices of Tad A. Yates, P.C. in Orlando defends Florida residents against charges of simple and aggravated assault. If you have questions or need representation, please call us at 407-608-7777 or contact us online anytime.