Sarasota Aggravated Assault and Aggravated Battery Lawyer
Aggravated assault and aggravated battery are felonies in Florida. They are often charged after fast-moving events: an argument that escalated, a road-rage encounter, a bar fight or a disputed act of self-defense. Because a weapon, a serious injury or a claim of self-defense is often involved, the specific facts and the specific statute matter a great deal. Former prosecutor Daniel D. Nawara represents people charged with violent felonies in Sarasota and Manatee counties.
Aggravated assault (s. 784.021)
An assault under section 784.011 is an intentional, unlawful threat, by word or act, to do violence to another person. It must be coupled with an apparent ability to carry out the threat and an act that creates a well-founded fear that violence is imminent. By itself, assault is a second-degree misdemeanor.
It becomes aggravated assault under section 784.021 when the assault is committed:
With a deadly weapon without intent to kill, or
With an intent to commit a felony.
Aggravated assault is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine (ss. 775.082, 775.083). The Criminal Punishment Code ranks it at offense level 6 (s. 921.0022). No physical contact is required. The case turns on the threat, the apparent ability, the alleged victim's fear, and whether the object was a "deadly weapon."
Aggravated battery (s. 784.045)
A battery under section 784.03 is actually and intentionally touching or striking someone against their will, or intentionally causing bodily harm. Simple battery is a first-degree misdemeanor. It becomes aggravated battery under section 784.045 when the person, in committing battery:
Intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement; or
Uses a deadly weapon; or
Commits battery on a person who was pregnant, when the offender knew or should have known it.
Aggravated battery is a second-degree felony, punishable by up to 15 years and a $10,000 fine, and is ranked at level 7. See also simple battery defense.
Enhancements that can change the exposure
Officers and certain workers. Section 784.07 reclassifies offenses against law enforcement officers, firefighters, emergency medical care providers and other listed people engaged in their duties. Aggravated assault rises from a third-degree to a second-degree felony, with a 3-year minimum for aggravated assault on a law enforcement officer. Aggravated battery rises from a second-degree to a first-degree felony, with a 5-year minimum for aggravated battery on a law enforcement officer.
Firearms (s. 775.087). Aggravated battery is one of the listed offenses under Florida's "10-20-Life" provision:
10-year minimum when the person actually possessed a firearm during the offense.
20-year minimum when it was discharged.
25 years to life if the discharge caused death or great bodily harm.
The current text of section 775.087(2) does not list aggravated assault, but other enhancements may still apply depending on the facts. Section 775.087(1) also reclassifies certain felonies involving a weapon, except where weapon use is an essential element of the offense. - Domestic relationships. When the alleged victim is a family or household member, domestic violence procedures can apply, including no-contact conditions and injunction proceedings. See domestic violence.
Self-defense and "Stand Your Ground"
Florida's justification statutes are often central in these cases. Under section 776.012(2), a person is justified in using or threatening to use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony. A person who does so has no duty to retreat if they are not engaged in criminal activity and are in a place where they have a right to be. Section 776.012(1) covers non-deadly force.
Section 776.032 provides immunity from criminal prosecution for justified force, with exceptions involving law enforcement officers. Once a defendant raises a prima facie claim of self-defense immunity at a pretrial hearing, the State must overcome it by clear and convincing evidence (s. 776.032(4)). Whether to seek a pretrial immunity hearing, and when, is a strategic decision based on the evidence.
Building a defense
Every case is different. These areas are reviewed most often:
The weapon question. Was the object a deadly weapon as used? Was it displayed, used or just present?
Injury evidence. Do the medical records actually show "great bodily harm," permanent disability or disfigurement?
Intent and the sequence of events. Who was the initial aggressor? What did 911 calls, surveillance and phone video capture?
Witness credibility and identification, especially in crowded or chaotic settings.
Statements. Were statements to police voluntary, and were warnings given when required? Read police questioning before arrest.
Charging decisions. Facts sometimes support a lesser charge, such as simple assault or battery, or a different resolution.
The court process in Sarasota County
Felony cases from anywhere in Sarasota County, including Venice and North Port, are heard at the Judge Lynn N. Silvertooth Judicial Center, 2002 Ringling Boulevard (Administrative Order 2026-12.2). After arrest, a judge at first appearance sets release conditions, which often include no-contact orders and weapon restrictions. Follow them until the court changes them. See first appearance and bond, felony defense and the Sarasota criminal court guide.
Section 775.08435 limits withholds of adjudication in felony cases, and section 775.087 prohibits a withhold when a 10-20-Life minimum applies. Read withhold vs. conviction.
Frequently asked questions
Is aggravated assault a felony if no one was hurt?
Yes. Aggravated assault is a third-degree felony even without physical contact. It is based on a threat with a deadly weapon, or with intent to commit a felony, that creates a well-founded fear of imminent violence.
What is the difference between aggravated assault and aggravated battery?
Assault is a threat. Battery is an actual touching, striking or causing bodily harm. Aggravated battery is a second-degree felony. Aggravated assault is a third-degree felony.
Does 10-20-Life apply to aggravated assault?
The current text of section 775.087(2) lists aggravated battery but not aggravated assault. Other enhancements, such as the minimum for aggravated assault on a law enforcement officer, can still apply.
Can I claim self-defense?
Self-defense and Stand Your Ground immunity under chapter 776 may apply depending on the facts. The State bears a clear-and-convincing burden at a pretrial immunity hearing once a prima facie claim is raised.
Can the alleged victim drop the charges?
The State Attorney decides whether to file or continue charges. Do not contact a protected person in violation of a court order. Read can a victim drop charges.
Talk with a lawyer about a violent felony charge
Call (941) 920-5514 or request a free consultation with former prosecutor Daniel D. Nawara. Ask about the scope of representation, fees and payment plans. Learn about Daniel.
Updated October 1, 2026. General information only, not legal advice. Sentencing depends on the scoresheet, the facts, prior history and the law on the offense date. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.
Sources: Fla. Stat. § 784.011, § 784.021, § 784.03, § 784.045, § 784.07, § 775.087, § 775.08435, § 776.012, § 776.032, § 921.0022; AO 2026-12.2.