Understanding Aggravated Assault and Battery in Florida
Facing aggravated assault and battery charges in Florida means confronting some of the state’s most serious violent crime allegations. These felony charges carry severe penalties that can impact your freedom, employment, and future. At Russo Law & Advocacy, Dominique Russo defends clients across Florida against these serious allegations, fighting to protect their rights and secure the best possible outcomes.
Under Florida law, aggravated assault and battery involve specific elements that distinguish them from simple assault or battery:
Aggravated Assault (FS § 784.021)
- An assault (threat of violence creating reasonable fear)
- With a deadly weapon OR
- With an intent to commit a felony
Aggravated Battery (FS § 784.045)
- A battery (intentional touching or striking)
- That causes great bodily harm, permanent disability, or permanent disfigurement OR
- Uses a deadly weapon
Is Aggravated Assault with a Deadly Weapon a Felony?
Yes, absolutely. Many clients ask: is aggravated assault with a deadly weapon a felony? Under Florida law, all aggravated assault charges are felonies, specifically:
- Third-degree felonies (punishable by up to 5 years in prison)
- Enhanced penalties if the weapon is a firearm (minimum 3-year sentence under 10-20-Life laws)
- Permanent felony record affecting employment, housing, and gun rights
Penalties for Aggravated Assault and Battery
How Much Time Can You Get for Aggravated Assault?
The how much time can you get for aggravated assault question depends on several factors:
| Charge | Classification | Maximum Prison Sentence | Fines |
| Aggravated Assault | 3rd-degree felony | 5 years | $5,000 |
| Aggravated Assault with Firearm | 3rd-degree felony | 5 years (3-year minimum) | $5,000 |
| Aggravated Battery | 2nd-degree felony | 15 years | $10,000 |
| Aggravated Battery on Elderly/Disabled | 1st-degree felony | 30 years | $10,000 |
Additional Consequences
Beyond prison time, convictions bring:
- Permanent felony record
- Loss of firearm rights
- Difficulty finding employment
- Immigration consequences for non-citizens
- Professional license revocation
How to Beat Aggravated Assault Charge: Defense Strategies
Understanding how to beat aggravated assault charge allegations requires skilled legal defense. We employ multiple strategies:
Self-Defense (Stand Your Ground)
Under FS § 776.012, you have no duty to retreat if you reasonably believe force is necessary to prevent imminent harm.
Lack of Deadly Weapon
Challenging the prosecution’s evidence that a “deadly weapon” was used or present.
False or Exaggerated Allegations
Demonstrating the accuser has motives to lie (custody disputes, revenge, financial gain).
Lack of Intent
Proving you had no intention to threaten or harm the alleged victim.
Misidentification
Challenging witness credibility or identification accuracy.
Constitutional Violations
Suppressing evidence obtained through illegal searches or seizures.
Why You Need an Aggravated Assault Attorney
An experienced aggravated assault attorney provides critical advantages:
Case Analysis
- Evaluating the strength of the prosecution’s evidence
- Identifying constitutional violations or procedural errors
- Assessing potential defenses and case strategies
Negotiation Skills
- Seeking reduction to simple assault (misdemeanor)
- Negotiating for probation instead of prison
- Arranging favorable plea agreements when appropriate
Trial Experience
- Cross-examining witnesses effectively
- Presenting compelling evidence and arguments
- Challenging forensic evidence and expert testimony
FAQs About Aggravated Assault and Battery
1. Is aggravated assault a violent crime in Florida?
Yes, it’s classified as a violent felony with severe consequences.
2. Can aggravated assault charges be dropped?
Yes, through pre-trial intervention, lack of evidence, or successful defense motions.
3. What qualifies as a “deadly weapon” in Florida?
Beyond firearms: knives, vehicles, baseball bats, or any object used in a way likely to cause death.
4. How long do aggravated assault cases take?
Typically 6-18 months, depending on case complexity and court scheduling.
5. Do you handle cases throughout Florida?
Yes. We serve all Florida counties, including:
- Miami-Dade County (Miami, Coral Gables, Hialeah)
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
Facing Aggravated Assault Charges? Get Defense Help Now
If you’re charged with aggravated assault and battery, don’t risk your future. Contact Dominique Russo at Russo Law & Advocacy for a free consultation. We serve clients across Florida, including:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
📍 Miami-Dade County (Miami, Coral Gables, Hialeah)
“An aggravated assault charge doesn’t have to define your future. We fight to protect your freedom and your rights.”
