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Aggravated Assault

Aggravated Assault | Melbourne Criminal Defense Attorney

If you have been arrested for aggravated assault in Brevard County, FL, your best protection is an experienced Brevard County criminal lawyer by your side defending your legal rights. Aggravated assault in Florida is a serious crime with serious penalties. You need to know the legal definition and penalties for aggravated assault.

What is Aggravated Assault?

To understand the definition of Aggravated Assault, you need to understand the legal definition of “assault”. An “assault” is an intentional and unlawful threat – by word or act – to commit or do violence against another person coupled with the apparent ability to carry through with the threat at the time it was made. The threat must have created a well-founded fear in the intended victim that the violence was about to take place.

An “aggravated” assault is an assault (1) with a “deadly weapon” without the intent to kill, or (2) with an intent to commit a felony. A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.

A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. Additionally, it is not necessary for the State to prove that the defendant had an intent to kill.


Aggravated Assault is classified as a Third Degree Felony in Florida. If convicted of Aggravated Assault, you may be facing up to five (5) years in prison, up to five (5) years probation, and/or up to $5,000 in fines.

Aggravated Assault with a Firearm

Aggravated Assault with a Firearm is technically the same offense as aggravated assault with a deadly weapon. Prior to July 1, 2016, this offense used to carry a 3 year minimum mandatory prison sentence if convicted. Recently, however, that law has been amended. For offenses committed AFTER July 1, 2016, there is no longer a minimum mandatory. However, due to the seriousness of this offense, jail and prison sentences are frequently given in these cases. If you have been charged with aggravated assault with a firearm, you need experienced legal counsel immediately. Contact us today for a FREE Case evaluation.

Aggravated Assault on a Law Enforcement Officer, Firefighter, or Emergency Medical Care Provider

Under Florida Statute 784.07 (2)(c), Aggravated Assault will be reclassified to a Second Degree Felony if the victim was a Law Enforcement Officer, Firefighter, or Emergency Medical Care Provider. (Several other occupations qualify under this statute including, but not limited to parking enforcement officer, licensed security officers, traffic enforcement officers, and railroad officers). In order to prove this crime, the alleged victim must have been engaged in the lawful performance of his or her duties. If convicted, the defendant may face a minimum-mandatory prison sentence of three years. If you have been charged with aggravated assault on a law enforcement officer, firefighter, or EMT, Contact us today for a FREE case evaluation.

The Canina Law Firm | Brevard County Criminal Lawyer

If you have been arrested or believe that you might be arrested for aggravated assault, you should immediately contact an aggressive criminal defense attorney who is experienced in handling these matters. At The Canina Law Firm, our firm sets itself apart from others in the level of personal service that we provide. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With over five decades of combined experience defending against aggravated assault charges in Florida, our attorneys will work hard to get you the best result possible. If you have been arrested in Melbourne, FL or anywhere in Brevard County, FL for aggravated assault, we want to help you! CONTACT our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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