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
Verified against the 2026 Florida Statutes: September 13, 2026
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)
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
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 2AND — Required
The State must prove all of the following
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 3AND — Required
The State must prove all of the following
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.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.2
Aggravated Assault
Florida Standard Jury Instruction for F.S. § 784.021.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important 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.