Aggravated Assault
An assault committed with a deadly weapon without intent to kill, or with intent to commit a felony.
Florida Statute
§ 784.021
Aggravated Assault
Quick Summary
Aggravated assault builds upon the elements of assault and adds either the use of a deadly weapon without intent to kill or a fully formed intent to commit a felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Aggravated Assault
F.S. § 784.021
An assault committed with a deadly weapon without intent to kill, or with an intent to commit a felony.
Aggravated Assault — Domestic Violence Designation
F.S. §§ 784.021; 741.28(2)
An aggravated assault committed by one family or household member against another. Domestic violence is a statutory designation; this record does not independently reclassify the offense degree.
Aggravated Assault in Furtherance of Riot or Aggravated Riot
F.S. § 784.021(3)
The offense remains a third-degree felony, but its Criminal Punishment Code ranking is one level higher when committed in furtherance of a riot or aggravated riot.
Aggravated Assault on Specified Protected Personnel
F.S. § 784.07(2)(c)
Knowingly committing aggravated assault on a covered law-enforcement, fire-rescue, hospital, transit, security, utility, or other person listed in the statute while that person is performing official duties. A law-enforcement-officer conviction carries a 3-year minimum term.
Aggravated Assault on Person 65 or Older
F.S. § 784.08(1), (2)(b)
Aggravated assault on a victim 65 years of age or older. Knowledge of the victim's age is not required; the statute also provides a 3-year minimum term.
Aggravated Assault on Specified Official or Employee
F.S. § 784.081(2)(b), (3)
Aggravated assault on a covered school, education, sports, child-welfare, or health employee or official while knowing or having reason to know the victim's identity or position; sports-official timing limits apply.
Detained Person Aggravated Assaulting Visitor or Detainee
F.S. § 784.082(2)
A detained person committing aggravated assault on a detention-facility visitor or another detainee.
Aggravated Assault on Sexually Violent Predator Facility Staff
F.S. § 784.074(1)(b)
Aggravated assault on covered detention or commitment facility staff while the staff member performs lawful duties, with knowledge or reason to know the person's identity or employment.
Aggravated Assault on Code Inspector
F.S. § 784.083
Aggravated assault on a code inspector while the inspector performs official duties, with knowledge or reason to know the victim's identity or employment.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
Plain language: The defendant intentionally made an unlawful threat to commit violence.
- Element 2
At the time, the defendant appeared to have the ability to carry out the threat.
Plain language: The circumstances made it appear that the defendant could carry out the threatened violence.
- Element 3
The defendant's act created in the mind of the victim a well-founded fear that the violence was about to take place.
Plain language: The victim had a well-founded fear that the threatened violence was imminent.
- Element 4
The assault was made with a deadly weapon without intent to kill.
Plain language: One possible aggravating circumstance is that the assault involved a deadly weapon without intent to kill.
- Element 5
The assault was made with a fully formed conscious intent to commit a felony.
Plain language: An alternative aggravating circumstance is a fully formed intent to commit a felony.
Jury Instructions
Jury Instructions
Instruction 8.2
Aggravated Assault
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.2. Review the current instruction before official legal use.
View Official InstructionImportant Definitions
Important Definitions
Deadly Weapon
A deadly weapon may include an object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction.
Alternative Intent
Aggravated assault may alternatively be based upon a fully formed conscious intent to commit a felony upon the victim.
Great Bodily Harm
Great bodily harm is distinguished from slight, trivial, minor, or moderate harm.
Additional Notes
Additional Notes
Quick Reference
Aggravated assault requires the underlying elements of assault plus an aggravating circumstance recognized under � 784.021.
Deadly Weapon Alternative
One basis for aggravated assault is an assault committed with a deadly weapon without intent to kill.
Intent to Commit Felony Alternative
The alternative basis is an assault committed with intent to commit a felony.
Classification
Aggravated assault is generally classified as a third-degree felony under � 784.021.
Important
The deadly-weapon and intent-to-commit-a-felony provisions are alternative theories. Review the charging document, current statute, and applicable jury instructions for the specific case.