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ASSA5005 Aggravated Assault With Deadly Weapon
Florida Statute §784.021(1)(a) | Tampa Criminal Defense Attorney
ASSA5005 Defense Law Office of W.F. “Casey” Ebsary Jr.
📅 Updated: May 10, 2025
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What Is ASSA5005 – Aggravated Assault With a Deadly Weapon?
ASSA5005 is the Florida Uniform Crime Code for Aggravated Assault With a Deadly Weapon, charged under Florida Statute §784.021(1)(a). This offense occurs when a person commits an assault while brandishing or using a deadly weapon — without intent to kill. It is classified as a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.
Aggravated assault with a deadly weapon is a frequently charged violent offense in Hillsborough County, and prosecutors pursue these cases aggressively. If you’ve been arrested or accused of this offense, you need an experienced Tampa criminal defense attorney to protect your rights.
Legal Breakdown: Florida Statute §784.021
| Element | Explanation |
|---|---|
| Charge Code | ASSA5005 |
| Offense Title | Aggravated Assault With Deadly Weapon |
| Statute Cited | Florida Statute §784.021(1)(a) |
| Offense Level | Felony |
| Felony Degree | 3rd Degree |
| Maximum Penalty | 5 years in prison, $5,000 fine, 5 years probation |
| Weapon Involved? | Yes, deadly weapon used without intent to kill |
Q&A: Aggravated Assault With a Deadly Weapon (ASSA5005)
Yes, ASSA5005 is a third-degree felony in the state of Florida. A conviction carries serious consequences, including prison time, probation, fines, and a permanent criminal record. Even if no one was physically harmed, the presence or display of a deadly weapon can elevate a simple assault to aggravated assault. This felony charge can also affect your rights, such as firearm ownership and employment opportunities.
Florida courts define a deadly weapon as any object that is likely to produce death or great bodily harm when used in its intended or threatened manner. This includes firearms, knives, and blunt objects, but also vehicles, tools, or even bottles depending on how they are used. Even an unloaded gun can qualify if it was used to threaten someone. The interpretation is often fact-specific and can be challenged by a skilled defense attorney.
No, you do not need to cause physical harm to be charged with ASSA5005. The crime focuses on the threat of violence, not the result. If the victim reasonably believed they were about to be attacked and you had the apparent ability to carry out that threat with a deadly weapon, prosecutors may file this charge. The law prioritizes prevention of harm and punishes threatening behavior involving dangerous weapons.
A conviction for ASSA5005 carries a maximum of 5 years in Florida State Prison, 5 years of probation, and a $5,000 fine. It also results in a permanent felony record, which can impact future employment, housing, and civil rights like voting and gun ownership. In some cases, judges may impose mandatory minimum sentences, especially if firearms are involved.
Yes, charges can sometimes be reduced to a lesser offense, like misdemeanor assault or improper exhibition of a weapon, or even dismissed entirely. Factors such as lack of credible evidence, self-defense, or inconsistent witness statements can work in your favor. An experienced criminal defense lawyer can negotiate with the State Attorney or file motions to suppress illegally obtained evidence.
Top 5 Legal Defenses to ASSA5005
- Self-Defense: You acted to protect yourself or another person from imminent harm.
- No Deadly Weapon: The item involved does not legally qualify as a deadly weapon.
- Lack of Intent: There was no actual intent to threaten or commit a violent act.
- False Accusation: The alleged victim fabricated the incident or misidentified you.
- No Imminent Threat: Your actions did not create a legitimate fear of immediate violence.
Florida Penalty Chart: ASSA5005
| Penalty Type | Maximum Consequence |
|---|---|
| Prison Sentence | Up to 5 years in Florida State Prison |
| Probation Term | Up to 5 years of supervised probation |
| Monetary Fine | Up to $5,000 |
| Criminal Record | Permanent felony record |
| Firearm Rights | Revoked upon felony conviction |
Why Choose W.F. “Casey” Ebsary Jr.?
W.F. “Casey” Ebsary Jr. is a Board-Certified Criminal Trial Lawyer and former prosecutor with decades of experience defending clients against violent felony charges like aggravated assault with a deadly weapon. As a recognized authority on Florida criminal law, Casey is known for aggressive defense strategies, attention to detail, and courtroom expertise. He has successfully handled thousands of felony cases in Tampa and Hillsborough County.
Take Action Now – Protect Your Freedom
Facing an aggravated assault charge is life-changing. Time is critical, and your next steps can impact your entire future. Do not speak to police or prosecutors without legal counsel. Attorney W.F. “Casey” Ebsary Jr. offers free case evaluations and is ready to build your defense.
📞 Call Today: (813) 222-2220
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Related Florida Statutes and Resources
- 🔹 Florida Statute §784.021 – Aggravated Assault
- 🔹 Florida Statute §775.082 – Felony Sentencing
- 🔹 Florida Statute §775.083 – Criminal Fines
- 🔹 Florida Statute §775.084 – Habitual Offender Penalties
2010 Post Updated to 2025
“Whoever commits an aggravated assault shall be guilty of a felony of the third degree”
If you have been charged with ASSA5005 AGGRAVATED ASSAULT WITH DEADLY WEAPON you can call a Tampa Criminal Defense Attorney
Form Code: ASSA5005
Florida Statute: 784.021.1A
Level: Fel (Felony)
Degree: 3rd
Description: AGGRAVATED ASSAULT WITH DEADLY WEAPON
ASSA5005 AGGRAVATED ASSAULT WITH DEADLY WEAPON one of the most commonly charged offenses in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
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) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.