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Aggravated Assault With a Firearm

Aggravated Assault and aggravated assault with a firearm

The classic case of aggravated assault with a firearm is a defendant threatening someone else with a gun and the alleged victim, as a result, was in fear.

Aggravated assault is an assault with a deadly weapon without intent to kill or an assault with intent to commit a felony. I’ve handled many cases of aggravated assault with a firearm (gun), which carries a three-year minimum mandatory sentence and a maximum of five years prison.

In Florida, assault is an intentional crime. It includes the intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. 

Note that with an assault, there is no actual touching or striking of another person necessary.  Many people commonly say “he was assaulted” or “she was assaulted” but they actually mean he or she was battered.  With a battery, there has to be an actual and intentional touching or striking of a person and it has to be against their will.  

Assault is escalated to aggravated assault if the assault is done with a deadly weapon without the intent to kill; or with the intent to commit a felony.