Florida Statutes

Fla. Stat. § 784.021 (2025)

Aggravated assault.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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784.021 Aggravated assault.—

(1) An “aggravated assault” is an assault:

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

(b) With an intent to commit a felony.

(2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.

History.—s. 2, ch. 3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. 29709, 1955; s. 1, ch. 57-345; s. 731, ch. 71-136; s. 18, ch. 74-383; s. 8, ch. 75-298; s. 5, ch. 2021-6.

Note.—Former s. 784.04.

Arrestable Offenses under F.S. 784.021

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§784.021(1a)AGGRAV ASSLT - WEAPONW DEADLY WEAPON WITHOUT INTENT TO KILLF · 3rd

§784.021(1b)ASSAULTAGGRAVATED W INTENT TO COMMIT A FELONYF · 3rd

Notes of Decisions

Cited in 425 cases (41 in the last 5 years), 1976–2026 · leading case: United States v. Warren Travis Golden, 854 F.3d 1256 (11th Cir. 2017).

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United States v. Warren Travis Golden, 854 F.3d 1256 (11th Cir. 2017). · cites it 4× “PER CURIAM: The issue in this appeal is whether a Florida conviction for aggravated assault, see Fla. Stat. § 784.021 , constitutes a “crime of violence” under U.”

Michael Turner v. Warden Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013). · cites it 3× “” Fla. Stat. § 784.021 . 5 An assault, for its part, is “an 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…”

Chambers v. State, 975 So. 2d 444 (Fla. 2d DCA 2007). · cites it 9× “Chambers was convicted of aggravated assault relying on the elements in section 784.021(1)(a), Florida Statutes (2002), the use of a weapon was an essential element of the offense.”

United States v. Edwin DeShazior, 882 F.3d 1352 (11th Cir. 2018). · cites it 2× “Aggravated Assault Deshazior's argument that aggravated assault under Fla. Stat. § 784.021 is not a violent felony is foreclosed by our prior precedent.”

State v. Iseley, 944 So. 2d 227 (Fla. 2006). · cites it 5× “§ 784.021, Fla. Stat. (2002). [2] As the Fourth District has recently explained in describing the jury's inherent pardon power, "Florida law permits a jury to be lenient and pardon a defendant either by finding him not guilty or by convicting a defendant of a lesser included…”

Fred Somers v. United States, 66 F.4th 890 (11th Cir. 2023). · cites it 2× “Without these two convictions, which all agree cannot support an ACCA enhancement under current law, the three predicate offenses relied on by the government to support Somers’s sentence are: Florida convictions for (1) aggravated USCA11 Case: 19-11484 Document: 53-1 Date Filed:…”

Diego Tambriz-Ramirez v. State of Florida, 248 So. 3d 1087 (Fla. 2018). · cites it 8× “§ 784.021, Fla. Stat. (2009). A simple “assault” is “an 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…”

Nardone v. State, 798 So. 2d 870 (Fla. 4th DCA 2001). · cites it 2× “A deadly weapon, within the meaning of section 784.021, Florida Statutes (1999), is: (1) any instrument which, when it is used in the ordinary manner contemplated by its design and construction, will or is likely to cause death or great bodily harm, or *873 (2) any instrument…”

Smith v. State, 211 So. 3d 176 (Fla. 3d DCA 2016). · cites it 4× “§ 784.021(2), Fla. Stat. (1990). However, the allegation of use of a firearm reclassifies the offense to a second- degree felony, see section 775.”

United States v. James Innocent, 977 F.3d 1077 (11th Cir. 2020). “Jones had three such convictions: one for aggravated assault with a firearm, Fla. Stat. § 784.021 ; one for resisting an officer with violence, id.”

Proctor v. State, 205 So. 3d 784 (Fla. 2d DCA 2016). · cites it 3× “1st DCA 2014), the appellant was convicted of aggravated assault under section 784.021, Florida Statutes, and it was clear from the evidence that the aggravated assault was based on the appellant’s use of a deadly weapon, i.”

Torrence v. State, 440 So. 2d 392 (Fla. 5th DCA 1983). · cites it 4× “§ 784.021, Fla. Stat. (1981). The crime contemplates the use of a deadly weapon, i.”

Show all 425 citing cases →

— 784.021(1) — 24 cases

Cambell v. State, 37 So. 3d 948 (Fla. 5th DCA 2010).

Merritt v. State, 712 So. 2d 384 (Fla. 1998).

Ross v. State, 601 So. 2d 1190 (Fla. 1992).

Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002).

State v. Iseley, 944 So. 2d 227 (Fla. 2006). “§ 784.021, Fla. Stat. (2002). [2] As the Fourth District has recently explained in describing the jury's inherent pardon power, "Florida law permits a jury to be lenient and pardon a defendant either by finding him not guilty or by convicting a defendant of a lesser included…”

— 784.021(1)(A) — 2 cases

Dunbar v. State, 46 So. 3d 81 (Fla. 5th DCA 2010).

Anglin v. State, 869 So. 2d 674 (Fla. 5th DCA 2004).

— 784.021(1)(a) — 94 cases

State v. Baker, 452 So. 2d 927 (Fla. 1984).

Mondesir v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002).

Frumenti v. State, 885 So. 2d 924 (Fla. 5th DCA 2004).

Baker v. State, 425 So. 2d 36 (Fla. 5th DCA 1982).

Mitchell v. State, 698 So. 2d 555 (Fla. 2d DCA 1997).

— 784.021(1)(b) — 10 cases

Cooper v. State, 453 So. 2d 67 (Fla. 1st DCA 1984).

Walker v. State, 546 So. 2d 764 (Fla. 5th DCA 1989).

Abreau v. State, 347 So. 2d 819 (Fla. 3d DCA 1977).

Polakoff v. State, 586 So. 2d 385 (Fla. 5th DCA 1991).

Osorio v. State, 746 So. 2d 490 (Fla. 2d DCA 1999).

— 784.021(1)(b)(3) — 1 case

Dream Defenders v. Desantis (N.D. Fla. 2021).

— 784.021(2) — 30 cases

Chambers v. State, 975 So. 2d 444 (Fla. 2d DCA 2007). “Chambers was convicted of aggravated assault relying on the elements in section 784.021(1)(a), Florida Statutes (2002), the use of a weapon was an essential element of the offense.”

Smith v. State, 211 So. 3d 176 (Fla. 3d DCA 2016). “§ 784.021(2), Fla. Stat. (1990). However, the allegation of use of a firearm reclassifies the offense to a second- degree felony, see section 775.”

Dean Kenneth Rockmore v. State of Florida, 140 So. 3d 979 (Fla. 2014).

Chambers v. State, 880 So. 2d 696 (Fla. 2d DCA 2004).

Marks v. State, 416 So. 2d 872 (Fla. 5th DCA 1982).

— 784.021(3) — 1 case

Dream Defenders v. Desantis (N.D. Fla. 2021).

— 784.021(a) — 2 cases

Cambell v. State, 37 So. 3d 948 (Fla. 5th DCA 2010).

Hughes v. State, 624 So. 2d 809 (Fla. 3d DCA 1993).

— 784.021(l)(a) — 44 cases

Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989).

State v. Richards, 639 So. 2d 680 (Fla. 2d DCA 1994).

L.R.W. v. State, 848 So. 2d 1263 (Fla. 5th DCA 2003).

Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009).

Gracia v. State, 98 So. 3d 1243 (Fla. 3d DCA 2012).

— 784.021(l)(b) — 4 cases

Proctor v. State, 205 So. 3d 784 (Fla. 2d DCA 2016). “1st DCA 2014), the appellant was convicted of aggravated assault under section 784.021, Florida Statutes, and it was clear from the evidence that the aggravated assault was based on the appellant’s use of a deadly weapon, i.”

Gerald v. State, 132 So. 3d 891 (Fla. 1st DCA 2014).

Aranjo v. State, 718 So. 2d 266 (Fla. 5th DCA 1998).

Bush v. State, 596 So. 2d 511 (Fla. 3d DCA 1992).

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