Fla. Stat. § 784.021
Aggravated Assault
Add a weapon to an assault, and a misdemeanor becomes a felony. Here is what elevates the charge, the penalties, and how a firearm triggers mandatory-minimum exposure.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What Elevates It
Aggravated assault under § 784.021 is a simple assault plus one of two aggravating factors: it was committed with a deadly weapon (without intent to kill), or with intent to commit a felony. Either factor turns a second-degree misdemeanor into a third-degree felony.
The Governing Statute
Fla. Stat. § 784.021 — Aggravated Assault
"An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony."
Read the full statute on Online Sunshine →
A "deadly weapon" is broadly interpreted — not just firearms and knives, but any object used in a way likely to cause death or great bodily harm.
The Actual Penalties
Aggravated Assault — Statutory Penalties
Third-degree felony: up to 5 years in prison, up to $5,000 fine.
If a firearm is involved, Florida’s 10-20-Life law (§ 775.087) can impose a mandatory-minimum term — often a minimum of 3 years for merely possessing a firearm during the offense.
If a firearm is involved, Florida’s 10-20-Life law (§ 775.087) can impose a mandatory-minimum term — often a minimum of 3 years for merely possessing a firearm during the offense.
What a Defense Attorney Looks For
- Self-defense and Stand Your Ground, which can bar prosecution entirely.
- Whether the object was truly a "deadly weapon" as used.
- The assault elements — was there a well-founded fear of imminent violence at all?
- Firearm enhancement challenges where 10-20-Life exposure is at stake.
Frequently Asked Questions
Is aggravated assault a felony in Florida?
Yes. Under § 784.021, aggravated assault is a third-degree felony, punishable by up to 5 years in prison. If a firearm is involved, mandatory minimums under the 10-20-Life law may apply.
What is considered a deadly weapon in Florida?
A deadly weapon is any object used or threatened to be used in a way likely to cause death or great bodily harm. It includes firearms and knives but can extend to many everyday objects depending on how they are used.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 784.021 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.