What is Aggravated Assault?

To get started, let’s consider the legal definition of aggravated assault. Florida Statute Chapter 784 defines aggravated assault as an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

The crucial element in aggravated assault is intent. Regardless of whether anyone was actually hurt or not, a credible threat of violence is actually considered sufficient evidence within the law. What does that mean in a practical way? Even if you didn’t actually make contact with the victim, if the victim felt that you could or would have acted on the threat, you could be charged with aggravated assault.

Another important element of aggravated assault is the definition of a deadly weapon. When you think of a deadly weapon, your mind likely jumps to a gun or a knife. However, a deadly weapon can be as simple as a piece of broken glass or as large as a car. So if you try to hit someone with your car, that is an aggravated assault. 

Although TV and movies like to use the terms “assault” and “battery” interchangeably, under Florida law there is a real legal distinction between the two. An assault is an act that places a victim in fear of imminent touching or striking. A battery is the actual touching or striking of another person against their will. Thus, assault charges are reserved for those scenarios where no actual contact occurred, but a victim was allegedly placed in fear of that happening nonetheless.