- Dorothy Naumann
- Indian River County, FL
Simple versus aggravated assault under Florida law
Florida Statute 784.011 defines simple assault as an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to carry out the threat, and doing some act that creates a well-founded fear in the other person that violence is imminent. Simple assault is a second-degree misdemeanor.
Florida Statute 784.021 defines aggravated assault as an assault with a deadly weapon without the intent to kill, or an assault with the intent to commit a felony. Aggravated assault is a third-degree felony, carrying a maximum of five years in state prison.
Simple versus aggravated battery under Florida law
Florida Statute 784.03 defines simple battery as actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm to another. Simple battery is a first-degree misdemeanor.
Florida Statute 784.045 defines aggravated battery as intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon during the commission of a battery, or battering a person whom the offender knew or should have known was pregnant. Aggravated battery is a second-degree felony, carrying a maximum of fifteen years.
Deadly weapon as an element of aggravated offenses
The use of a deadly weapon is an element that elevates both assault and battery to aggravated status under Florida law. Florida courts have defined a deadly weapon as any instrument that, when used in the ordinary manner contemplated by its design, is likely to cause death or great bodily harm, or any instrument used in a manner likely to produce death or great bodily harm.
A firearm is a deadly weapon per se under Florida law. Other objects may qualify as deadly weapons depending on how they are used. Florida courts have addressed a wide range of objects as potential deadly weapons in the context of aggravated assault and battery prosecutions.
Enhanced penalties under Florida Statute 775.087
When an aggravated assault or aggravated battery is committed with a firearm, Florida Statute 775.087, known as the 10-20-Life statute, may apply. Possession of a firearm during an aggravated assault or battery carries a mandatory minimum of ten years. Discharging the firearm carries a mandatory minimum of twenty years.
Florida Statute 784.08 provides for reclassification of assault and battery offenses when committed against specified categories of victims, including law enforcement officers, elderly persons, and healthcare workers. A battery against a law enforcement officer is reclassified from a first-degree misdemeanor to a third-degree felony.
Frequently asked questions
What makes a battery aggravated in Florida?
Under Florida Statute 784.045, battery becomes aggravated when the offender intentionally causes great bodily harm, permanent disability, or permanent disfigurement, uses a deadly weapon, or batters a person known to be pregnant. Aggravated battery is a second-degree felony.
What is the penalty for aggravated assault in Florida?
Aggravated assault under Florida Statute 784.021 is a third-degree felony, carrying a maximum of five years in state prison. If a firearm is involved, mandatory minimum sentences under Florida Statute 775.087 may apply.
Is pushing someone a crime in Florida?
Yes. Florida Statute 784.03 defines battery as intentionally touching or striking another person against their will. An intentional push that makes physical contact can support a battery charge, which is a first-degree misdemeanor.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.