Florida Criminal Law: How Is Aggravated Assault Defined by the Florida Statutes?
When a crime is committed in Florida, the police, like the Jacksonville Sheriffs Office, will investigate the crime to determine what to charge a person with. However, the State Attorney's Office has the ultimate say in what crime has been committed. Different actions can lead to different crimes being charged and prosecuted. For instance, the simple statement or physical act that may lead one to believe that violence is probable may be charged as an assault. However, if the same act is done while one is holding a weapon (knife, gun, etc.), then the charge may be more severe than simple assault, which is a 2nd degree misdemeanor under Florida law. So, what is that greater charge?
Aggravated Assault is defined by Florida Statute 784.021 as, "...an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony." Basically, it is a threat (verbal or physical) while holding a deadly weapon, such as a gun or knife. Basically, even holding a gun near someone in a threatening way could be considered an aggravated assault because it automatically generates fear in the other person.
Since the statute states, "or," it can also mean that someone commits an assault by threatening imminent and probable harm on another, such as killing them, which would be a felony. So, if a person is not holding a gun, but says, "I'm going to kill you right here, right now." Then the person's intent may be to actually kill, therefore the intent of committing a felony is present. Simply because the action is stopped before it stops does not change the circumstance of the aggravated assault.
If you have been charged with an aggravated assault, then it is important to understand that the charge is greater than that of an assault and the consequences may be much greater. You should speak with a criminal law attorney to better understand your rights and options.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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