In Florida, aggravated assault and battery convictions can result in prison, steep fines, and the loss of everything you worked to achieve. Even misdemeanor charges and convictions on your record could mean the loss of your gun rights, difficulty finding a job or housing, or other serious consequences.
However, there are instances where the use of force is allowed. Self-defense and Stand Your Ground laws pertain to situations where you felt that force was necessary to protect yourself or those around you.
If You Are Arrested or Charged — Do This Now
- Remain silent. Tell the officer: “I want to speak with my attorney before answering any questions.” Do not discuss the incident with anyone.
- Request an attorney immediately. Contact Metcalf Falls at (813) 694-5778. We are available 24/7 and can assist with bail and your first appearance.
- Preserve evidence. Write down everything you remember. Save text messages, photos, and contact information for witnesses. If there is surveillance footage, note the location so your attorney can request it.
- Do not contact the alleged victim. If a no-contact order is issued, any contact—even through a third party—is a separate criminal offense.
- Do not post on social media. Prosecutors review social media accounts. Do not discuss your case online.
- Document your injuries. If you acted in self-defense, photograph any injuries you sustained. This evidence can be critical to your defense.
What Happens After an Aggravated Assault Arrest in Hillsborough County
Arrest and Booking
You will be transported to the Hillsborough County jail (Orient Road or Falkenburg Road) for booking. Aggravated assault is a felony, so the process may include a more thorough intake than a misdemeanor arrest.
First Appearance and Bond Hearing
Within 24 hours, you appear before a judge who reviews probable cause and sets bond. For aggravated assault (third-degree felony), bond amounts vary based on the circumstances, weapon involvement, and your criminal history. For aggravated battery (second-degree felony), the judge may impose higher bond or additional conditions such as no-contact orders. Our attorneys attend first appearances in court to argue for reasonable bond conditions.
Arraignment and Pretrial
At arraignment, charges are formally read and you enter a plea. During the pretrial phase, your attorney obtains all evidence (police reports, body-cam footage, medical records, witness statements), files motions to suppress illegally obtained evidence, and negotiates with prosecutors. Many cases are resolved through pretrial intervention programs or negotiated plea agreements to lesser charges.
Trial and Sentencing
If no favorable resolution is reached, the case proceeds to trial. The prosecution must prove every element—including the use of a deadly weapon or intent to cause great bodily harm—beyond a reasonable doubt. Learn about Florida sentencing guidelines.
Defining Aggravated Charges in Florida
While they are commonly phrased together, aggravated assault and battery are separate violent offenses according to Florida Statutes.
What Is the Difference Between Aggravated Assault and Battery?
- Assault refers to the threat of physical harm. So, if you threaten someone with bodily injury but do not act upon your threat, you have committed assault.
- Battery refers to the act of physical harm. So, if you strike someone by surprise, it is considered battery since the victim did not have time to fear bodily harm.
Penalties for Florida Aggravated Assault and Battery Charges
Most simple assault and battery charges in Florida are misdemeanors. Simple assault is a second-degree misdemeanor with imprisonment for up to 60 days and fines of up to $500. Simple battery is a first-degree misdemeanor with up to a year in prison and fines of up to $1,000.
However, factors like using a deadly weapon, the level of injury sustained by the victim, or having a prior criminal record can push them to aggravated charges. These charges can also be increased if they happen during a case of domestic violence.
Aggravated Assault
Aggravated assault is a third-degree felony. You can face a prison sentence of up to five years and fines of up to $5,000.
Aggravated Battery
Felony battery is a third-degree felony. You can face a prison sentence of up to five years and fines of up to $5,000.
Aggravated battery is a second-degree felony that requires the intent to cause great bodily harm. If convicted, you can face a prison sentence lasting up to 15 years and a fine of up to $10,000.
Defense Strategies for Aggravated Assault and Battery
Self-Defense and Stand Your Ground
Under Florida Statute §776.012, you are justified in using non-deadly force if you reasonably believe it is necessary to prevent imminent bodily harm. Under the Stand Your Ground law (§776.013), you may use deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm—without a duty to retreat—as long as you are in a place you have a right to be.
We investigate the circumstances thoroughly: who initiated the confrontation, whether there was a reasonable fear of harm, whether the force used was proportional, and whether evidence (witness statements, surveillance footage, physical injuries) supports your claim. If successful, a Stand Your Ground motion results in dismissal before trial. Learn about when self-defense applies in violent crime cases.
Challenging the “Deadly Weapon” Element
For an aggravated assault charge, the prosecution must prove the defendant used a “deadly weapon.” Florida defines this broadly, but we challenge whether the object was actually used in a manner likely to cause death or great bodily harm. For example, an object not typically considered a weapon (a bottle, a car, a household item) may not qualify depending on how it was used.
Lack of Intent
Both aggravated assault and aggravated battery require specific intent. If the contact was accidental, or if you did not intend to cause great bodily harm, the prosecution cannot prove the required mental element. We examine the evidence to demonstrate absence of intent.
Witness Credibility and Surveillance Evidence
In many aggravated assault cases, the prosecution’s case relies heavily on witness testimony. We interview all witnesses, obtain surveillance and body-cam footage, and challenge inconsistencies. Unreliable or biased witnesses can create reasonable doubt. We file defense motions to get charges dismissed when the evidence is insufficient.
Forensic and Medical Evidence Challenges
We retain independent medical experts to review injury documentation when the severity of injuries is disputed. If the prosecution claims “great bodily harm” but the medical evidence does not support it, the charge may be reduced from aggravated battery to simple battery—a significant reduction in sentencing exposure.
Frequently Asked Questions About Aggravated Assault in Tampa
What is the difference between simple assault and aggravated assault in Florida?
Simple assault (a second-degree misdemeanor) involves a threat of harm. Aggravated assault (a third-degree felony) requires the use of a deadly weapon or the intent to commit a felony during the assault. The key difference is the weapon or felonious intent element, which significantly increases penalties. Learn about the difference between assault and battery in Florida.
Can aggravated assault charges be dropped?
Yes. Charges can be dropped if the evidence is insufficient, if a successful Stand Your Ground motion is filed, if witnesses recant or are unreliable, or if the prosecution cannot prove all required elements beyond a reasonable doubt. An experienced Tampa assault defense attorney can evaluate the evidence and pursue dismissal.
Is aggravated assault a felony in Florida?
Yes. Aggravated assault is a third-degree felony punishable by up to 5 years in prison. Aggravated battery is a second-degree felony carrying up to 15 years. These are serious charges that require experienced legal defense.
What is the sentence for aggravated battery in Florida?
Aggravated battery is a second-degree felony with a maximum sentence of 15 years in prison, 15 years of probation, and $10,000 in fines. If a firearm was used, the 10-20-Life enhancement may apply, potentially requiring mandatory minimum sentences. Contact a Tampa weapons charge lawyer if a firearm was involved.
Can I claim self-defense against aggravated assault charges?
Yes. Florida’s self-defense and Stand Your Ground laws can be raised against aggravated assault and battery charges. If successful, the charges are dismissed. The key is demonstrating that you reasonably believed force was necessary to prevent imminent harm and that the force used was proportional to the threat. A felon may also have Stand Your Ground rights under certain circumstances.
Contact a Tampa Assault & Battery Lawyer for Help Now
Whenever there are assault and battery charges, there can be many contradicting statements about what happened. That’s why you need a good Tampa violent crimes lawyer to represent you when you have been charged with a violent crime. They will know how to gather all the evidence required to present the best defense for you in court.
If you have been unjustly accused of assault and battery or feel that you acted in self-defense, attorney Metcalf Falls, Criminal Defense Attorneys, P.A., is ready to defend you. Contact him at 813-258-4800 or use the online form to schedule a free consultation.
