Palm Beach Aggravated Assault Defense Attorney
An aggravated assault or battery charge in Florida is a felony punishable by prison, fines, and a permanent criminal record. At Russo Law & Advocacy, Dominique Russo defends clients across Palm Beach, Miami, and Fort Lauderdale against these serious violent crime allegations. Whether you’re accused of aggravated assault with a deadly weapon or battery with a firearm, we challenge witness credibility, self-defense claims, and overcharging by prosecutors.
Our Palm Beach Aggravated Assault Attorney Is There for You
Florida prosecutors treat aggravated assault/battery cases harshly—especially in Palm Beach County, where mandatory minimums often apply for firearm offenses. We analyze police reports, 911 calls, and surveillance footage to identify weaknesses in the state’s case.
Aggravated Assault vs. Simple Assault in Florida
While simple assault is a misdemeanor, aggravated assault (FS § 784.021) becomes a 3rd-degree felony when a weapon is involved or the victim is a protected class (police, elderly). Penalties jump from 60 days to 5+ years in prison.
Defending Against Aggravated Battery Charges
Aggravated battery (FS § 784.045) requires great bodily harm or weapon use. We work with medical experts to dispute injury severity—a key strategy in West Palm Beach bar fight cases.
Firearm Enhancements in Palm Beach County
Using a gun automatically upgrades charges:
- Aggravated assault with a firearm = 3-year mandatory minimum
- Aggravated battery with a firearm = 10-year minimum
We challenge ‘possession’ evidence and illegal searches.
Florida Aggravated Assault Laws (FS § 784.021)
Under Florida law, prosecutors must prove:
- Intent to threaten violence
- Ability to carry out the threat
- Deadly weapon use OR special victim status
Common defenses:
- Self-defense (Stand Your Ground)
- No actual weapon present
- False accusations in domestic disputes
Types of Assault/Battery Cases We Handle
Aggravated Assault with a Deadly Weapon
Even showing a gun during an argument qualifies. We argue no intent to harm—common in road rage cases on I-95.
Domestic Violence Aggravated Battery
Allegations often escalate during divorces. We subpoena text messages proving false claims.
Bar Fight/Battery Causing Harm
When injuries occur, we work to reduce charges to simple battery (1st-degree misdemeanor).
Key Defenses in Aggravated Assault Cases
- Stand Your Ground: No duty to retreat if fearing bodily harm (FS § 776.012).
- Weapon Misclassification: Not all objects qualify as ‘deadly weapons’.
- Witness Bias: Especially in Palm Beach domestic cases with bitter divorces.
- Illegal Stop: If police lacked probable cause for arrest.
Steps in a Florida Aggravated Assault Case
- Arrest & Bond Hearing (Felonies may require bond hearings—we argue for release.)
- Evidence Review (Bodycams, witness statements, weapon analysis.)
- Plea Negotiations (Seeking reduction to misdemeanor assault.)
- Trial (Juries often skeptical of overcharging in Broward courts.)
Why You Need an Aggravated Assault Specialist
Palm Beach prosecutors routinely overcharge assault vs aggravated assault cases to force pleas. Dominique Russo’s trial experience ensures:
- Forensic re-examination of ‘weapons’
- Cross-examination of unreliable witnesses
- Protection against mandatory minimums
Aggravated Assault FAQs
Is aggravated assault a felony in Florida?
Yes—always a 3rd-degree felony (up to 5 years prison). Firearm use triggers 3-year minimums.
What’s the difference between battery and aggravated battery?
Battery requires physical contact; aggravated battery requires serious injury or weapon use.
Can aggravated assault charges be dropped?
Yes—if we prove self-defense, lack of weapon, or witness credibility issues.
Contact Our Palm Beach Aggravated Assault Attorney
Don’t risk a felony record—call Russo Law & Advocacy 24/7 at (561) 216-8555 for a free case review. Serving West Palm Beach, Miami, Fort Lauderdale, and all South Florida counties.
