Being charged with assault with a deadly weapon in Florida is a serious matter. Whether the incident happened in West Palm Beach, Fort Lauderdale, or anywhere in the state, these charges can carry severe penalties, including prison time and a lifelong felony record.
Depending on the facts, the charge may be classified as a third-degree or second-degree felony.
If you or a loved one is facing this charge, it’s critical to understand your legal options and speak with a defense attorney as soon as possible.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.
Real-World Example: Charged with Assault with a Deadly Weapon in West Palm Beach
Imagine this: A man is leaving a bar in downtown West Palm Beach after a heated argument with another patron. As tensions escalate outside, he pulls a tire iron from his car trunk, raises it, and yells at the other man to “back off or I’ll smash your skull in.”
Even though he never actually hits the person and no physical injury occurs, several witnesses call 911, and the police arrive minutes later. Based on witness statements and security footage, the man is arrested and charged with aggravated assault with a deadly weapon under Florida law.
Why? Because:
- The threat was verbal and aggressive,
- He brandished an object (the tire iron) that could cause great bodily harm,
- The other person had a reasonable fear of imminent violence, and
- A deadly weapon was involved, even if it wasn’t used
In Florida, no physical contact is needed for an aggravated assault charge. The threat combined with the use (or display) of a potentially deadly object is often enough for a felony arrest.
This is the kind of case where an experienced defense attorney can make a huge difference. They can challenge the definition of a “deadly weapon,” question the credibility of the witnesses, and argue that the threat was not real or imminent.
Contact a Florida Assault with a Deadly Weapon Defense Lawyer
Assault with a deadly weapon charges demand immediate legal attention. Whether you’re being investigated or have already been arrested, working with an experienced Florida criminal defense lawyer is essential to protecting your rights.
At my firm, Pakett Law, we defend people throughout Florida facing high-stakes criminal charges, including violent felonies and weapon-related offenses.
If you’ve been accused, contact our office for a confidential consultation.
Understanding Assault Charges in Florida
Under Florida Statutes §784.021, assault with a deadly weapon is considered aggravated assault, a step above simple assault. To convict someone of this offense, the prosecution must prove that:
- The defendant made a threat of violence against another person,
- The defendant had the apparent ability to carry out that threat,
- The victim had a well-founded fear that violence was imminent, and
- A deadly weapon was used during the assault.
Importantly, physical contact is not required for a person to be charged with aggravated assault. A verbal threat combined with the display of a weapon may be enough under Florida law.
What Qualifies as a “Deadly Weapon”?
In Florida, a deadly weapon is any object likely to cause death or great bodily harm. This can include:
- Firearms
- Knives
- Metal pipes, bricks, bats, or blunt objects
- Motor vehicles used aggressively
- Broken glass, tools, or any object used in a threatening manner
- Even everyday items can be considered deadly weapons if they are used with the intent to seriously harm or kill.
Penalties for Assault with a Deadly Weapon in Florida
Aggravated assault with a deadly weapon is typically charged as a third-degree felony, punishable by:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
However, if a firearm was involved, and especially if it was discharged, mandatory minimum prison sentences may apply under Florida’s 10-20-Life law. In more serious cases where there’s an intent to kill or significant injury, the charge may be enhanced to a second-degree felony, carrying up to 15 years in prison.
Another Scenario: Firearm Display Without Firing Still Leads to Felony Charge
A woman in Fort Lauderdale is driving through a congested parking lot when another driver cuts her off and nearly hits her car. Words are exchanged through open windows. In the heat of the moment, she reaches into her glovebox, pulls out her legally owned handgun, and holds it up, not pointing it, but displaying it, to “send a message.”
The other driver immediately calls 911 and reports being threatened with a firearm. Police arrive shortly after, and despite the woman explaining that she never aimed or fired the weapon, she is arrested and charged with aggravated assault with a deadly weapon, a third-degree felony under Florida law.
Here’s why the charge sticks, at least initially:
The presence of the firearm escalates the encounter from a verbal dispute to a potential threat of deadly force.
The victim (other driver) claims they feared for their life, which satisfies the “well-founded fear” requirement under Florida’s assault statute.
Even though the gun was never discharged, brandishing or displaying it in a threatening manner is often enough to meet the legal threshold for aggravated assault.
Florida law doesn’t require a weapon to be used or even pointed directly at someone. If prosecutors believe the display was intended to intimidate or threaten, they can pursue felony charges.
These cases are highly defensible, but only with the right attorney.
A strong defense might argue the weapon was never used to threaten, that the client was acting in self-defense, or that the alleged victim exaggerated the threat.
Your criminal defense lawyer’s ability to suppress evidence, discredit witness statements, or negotiate a reduction can be the difference between a prison sentence and dismissed charges.
Possible Defenses to Assault with a Deadly Weapon Charges
Every case is unique, and your defense strategy will depend on the facts. That said, some of the most common defenses include:
- Self-defense: You were lawfully protecting yourself or someone else from harm.
- Stand Your Ground: Florida’s Stand Your Ground law may shield you from prosecution if you had a legal right to be where you were and acted in defense.
- Lack of intent: You didn’t intend to threaten or harm anyone.
- False accusations or mistaken identity: These cases often involve high emotion, unclear facts, and unreliable witnesses.
- The item used wasn’t a “deadly weapon” under Florida law
As a criminal defense attorney who handles violent crime cases throughout Florida, I work closely with clients to uncover weaknesses in the prosecution’s case, suppress improperly obtained evidence, and fight aggressively for the best possible outcome, whether that’s reduced charges, a case dismissal, or an acquittal at trial.
You Need a Serious Defense for a Serious Charge
Assault with a deadly weapon is a felony that can change the course of your life. If you’ve been arrested, or think you may be, you need legal representation immediately.
At my firm, we don’t just take cases, we take them personally. I defend clients in West Palm Beach, Miami, Broward County, and across Florida who are facing the most serious accusations, including aggravated assault, battery with a weapon, attempted murder, and other violent crimes.
Facing Assault with a Deadly Weapon Charges? Let’s Talk.
Time is critical. The sooner we get involved, the better chance we have to protect your rights, preserve evidence, and build a powerful defense. Contact my office today to schedule a confidential case evaluation.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.