I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I’ve taken more than 150 jury trials to verdict over 25 years in Hillsborough County courtrooms, and assault cases are where our attorneys most often see overcharging — road-rage arguments, bar disputes, and neighbor feuds written up as felonies because someone mentioned a weapon.

How Does Florida Define Assault?

Most people think assault means hitting someone. In Florida, hitting is battery. Assault is the threat — and section 784.011, Florida Statutes requires the State to prove three things, each beyond a reasonable doubt:

1. An intentional, unlawful threat — by word or act — to do violence to another person;
2. An apparent ability to carry the threat out at that moment; and
3. An act creating a well-founded fear in the other person that the violence is imminent.

Simple assault is a second-degree misdemeanor — up to 60 days in jail and a $500 fine. But look at how much work those elements do. A threat to do something later (“wait until next week”) is not imminent. An angry outburst with no ability to follow through fails the second element. And the alleged victim’s fear must be well-founded — objectively reasonable, not just claimed. Our attorneys win these cases element by element.

What Is the Difference Between Assault and Battery?

Assault is the threat; battery is the touch. Battery under section 784.03 requires an actual, intentional touching or striking against the person’s will — even a shove or a grabbed wrist qualifies. The two are separate crimes that often travel together in one arrest, but each has to be proven on its own elements. The distinction matters at negotiation time, because an assault count built on words and fear is usually the weaker count — and it is often the one that falls first.

What Is Aggravated Assault in Florida?

Aggravated assault under section 784.021, Florida Statutes is a simple assault plus one of two aggravators: it was committed with a deadly weapon without intent to kill, or with intent to commit a felony. Either version is a third-degree felony — up to 5 years in prison and a $5,000 fine.

That jump — from a 60-day misdemeanor to a 5-year felony — usually turns on a single disputed fact: whether an object was a “deadly weapon.” Which is why that question deserves its own section.

What Counts as a Deadly Weapon in Florida?

Only one object is a deadly weapon as a matter of law: a firearm. Everything else depends on how it was used — and that makes it a jury question the defense can fight. The test Florida courts apply: an instrument is a deadly weapon if it is likely to cause death or great bodily harm when used in the ordinary manner contemplated by its design, or if it was actually used or threatened to be used in a way likely to produce death or great bodily harm. A knife — despite what most people assume — is not necessarily a deadly weapon; a baseball bat, a bottle, even a car can be one or not, depending entirely on the facts.

The Third District’s decision in Verela v. State, No. 3D2024-0402 (Fla. 3d DCA Mar. 5, 2025) shows how much precision matters in weapon cases. Verela was charged with attempted murder “by stabbing,” and a jury convicted him of the lesser offense of aggravated battery with a deadly weapon. The appellate court threw that conviction out — because the charging document never actually alleged that he used a deadly weapon, and a court cannot instruct a jury on an offense whose elements the State never charged. The conviction was reduced to simple battery. The lesson for anyone facing a weapon allegation: these cases are won on details — what was charged, what was proven, and whether the object in question legally qualifies at all.

Does 10-20-Life Apply to Aggravated Assault?

No — and this is one of the most persistent myths in Florida criminal law.

Check the current list yourself: the enumerated felonies in section 775.087(2), Florida Statutes — the 10-20-Life statute — include aggravated battery, robbery, burglary, and others, but not aggravated assault. The Legislature removed it in 2016 after years of cases in which people who displayed a gun in self-defense situations faced decades in prison. The weapon-reclassification rule in section 775.087(1) does not apply either when the weapon is what makes the crime aggravated assault in the first place, because reclassification is barred where use of a weapon is an essential element of the charge. None of this makes a firearm allegation minor — it changes plea dynamics, scoresheet points, and how the State charges — but the automatic 10- and 20-year minimums people fear do not attach to aggravated assault. If a prosecutor’s offer assumes otherwise, our attorneys make the correction in writing.

What Are the Enhanced Penalties for Assault on Protected Victims?

Florida reclassifies assault crimes upward when the alleged victim belongs to a protected class engaged in official duties. Under section 784.07, an assault on a law enforcement officer, firefighter, or emergency medical provider performing lawful duties moves up one level — simple assault becomes a first-degree misdemeanor, and aggravated assault becomes a second-degree felony carrying a 3-year mandatory minimum when the victim is a law enforcement officer. Similar reclassifications protect persons 65 or older under section 784.08. Two defense notes: the State must prove the defendant knew the victim’s status, and for officers, that the officer was engaged in the lawful performance of duties — both real, litigable issues.

Can Words Alone Be Assault in Florida?

Almost never. The statute requires a threat coupled with an apparent ability to carry it out and an act creating well-founded fear of imminent violence. Angry words on a phone call cannot put anyone in imminent fear; a threat about next week is not imminent; and a threat with no present ability to act on it fails on its face. Where words become assault is when they arrive with conduct — advancing on someone, raising a fist, reaching for a waistband. In our firm’s experience, prosecutors routinely file assault charges on facts that are really just an ugly argument, and the imminence element is where those cases collapse.

How Do We Defend Assault and Aggravated Assault Charges?

We put the State to its proof on the element it most takes for granted. Was the fear well-founded and the threat truly imminent, or was this a conditional, future, or empty statement? Did our client have the apparent ability to do violence at that moment? Was the object genuinely a deadly weapon under the design-or-use test, or is the felony built on a jury assumption we can challenge? Was this self-defense — Florida law justifies threatening force to meet force, and our attorneys litigate stand-your-ground immunity where the facts support it? And who is actually telling the truth — assault charges arise from two-sided confrontations, and the “victim” is often the person who escalated first. Cross-examination, witness statements, and video decide these cases, and we get to that evidence early.

Can Assault Charges Be Dropped in Florida?

Yes, but not by the alleged victim — only the State Attorney decides whether to prosecute, and a recanting or reluctant victim does not automatically end the case. What actually gets assault charges dropped or reduced: early defense contact with the prosecutor before the formal charging decision, evidence that the threat was conditional or the fear unfounded, self-defense facts, and the weakness of one-witness cases. That pre-file window — after arrest, before the information is filed — is the single highest-leverage period in a misdemeanor or third-degree felony case, and it is why calling a lawyer in the first days matters more than anything else you do.

What Should You Do If You Are Charged with Assault?

Say nothing about the incident to anyone but your lawyer, and start preserving your side immediately. Assault cases are credibility contests: texts, social media messages, surveillance video, and witnesses who saw who approached whom disappear or go stale within weeks. Do not contact the alleged victim — in domestic-violence-flagged cases that contact can violate a no-contact order and become a new charge. Write down your account while it is fresh, list every witness, and bring all of it to counsel before your arraignment. Our attorneys use that window to work the charging decision, not just the court date.

Frequently Asked Questions About Assault in Florida

Is assault a felony or a misdemeanor in Florida?

Simple assault is a second-degree misdemeanor punishable by up to 60 days in jail. Aggravated assault — with a deadly weapon or intent to commit a felony — is a third-degree felony punishable by up to 5 years. The gap between those two outcomes usually rides on one disputed fact, which is why our attorneys treat every “weapon” allegation as the case’s central battle.

Can I be charged with assault if I never touched anyone?

Yes — assault in Florida is the threat, not the touch. But the State must prove an intentional threat, apparent ability, and an act creating well-founded fear of imminent violence. If any element is missing — the threat was conditional, the fear unreasonable, the ability absent — the charge fails.

Is a knife automatically a deadly weapon?

No. Under Florida law only a firearm is a deadly weapon as a matter of law; a knife’s status depends on how it was used or threatened to be used, and that is a question of fact. In Verela v. State (Fla. 3d DCA 2025), even a conviction in a stabbing case was reversed over how the weapon allegation was charged. Our firm scrutinizes both the object and the paperwork.

Does pulling a gun mean a mandatory 10 years?

Not for aggravated assault — the Legislature removed aggravated assault from the 10-20-Life statute in 2016, so the automatic 10- and 20-year firearm minimums do not apply to that charge. Firearm facts still raise the stakes in other ways, and related charges can carry their own minimums, so have counsel map the actual exposure rather than assuming the worst.

What happens if the alleged victim doesn’t want to press charges?

The State Attorney, not the victim, controls the prosecution — the case does not automatically go away. But a reluctant victim changes the practical strength of the case, and early defense advocacy can turn that into a declination or reduction. The Brancato Law Firm, P.A. works these cases in the pre-file window, when the charging decision is still being made.

What is the penalty for aggravated assault on a police officer?

It is reclassified to a second-degree felony — up to 15 years — with a 3-year mandatory minimum under section 784.07. The State must prove you knew the person was an officer and that the officer was lawfully performing official duties; both are contested issues our attorneys litigate. Call The Brancato Law Firm, P.A. at (813) 727-7159 for a free, confidential case review.

For more about our defense strategies, visit our Hillsborough County Criminal Defense Attorney page.

Related reading: What Is Robbery in Florida? · What Are the Gun Crime Laws in Florida? · What Is Disorderly Conduct in Florida? · What to Do After Being Arrested in Tampa, Florida · How Does a Bond Hearing Work in Tampa, Florida?

An Argument Became a Criminal Case — Now Make It a Fair Fight

If you have been arrested for assault or aggravated assault in Hillsborough, Pinellas, or Pasco County, the most important decisions in your case are being made in the next few weeks — by a prosecutor who has only heard one side. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before your arraignment. The charging decision is still open; make sure your side of the story reaches it.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Tampa Criminal Defense Attorney Rocky Brancato. With more than 150 jury trials to verdict — including robbery and armed robbery cases tried to Not Guilty verdicts — I know how prosecutors build these cases and exactly where they fall apart.

How Does Florida Define Robbery?

Florida Statute § 812.13: Robbery is taking money or property from another person while using force, violence, assault, or threats that put the victim in fear.

In order to convict you, prosecutors in the 13th Judicial Circuit must prove three things beyond a reasonable doubt:

• You took money or property from the victim
• You intended to keep it (even temporarily)
• You used force, violence, or threats during the taking

That third element — force or fear — is everything. In other words, it is the single thing that separates robbery from regular theft. As a result, if the State cannot prove force or fear actually happened, the Florida robbery charge should not hold. Therefore, this is one of the first things we examine at The Brancato Law Firm, P.A.

“I Was Robbed” — Why That Word Probably Does Not Apply

People say “I was robbed” all the time. Someone broke into their car? “I was robbed.” Their house was broken into while they were on vacation? “Robbed.” However, under Florida law, none of those situations are actually robbery.

Robbery means someone took something from you face-to-face, using force or threats. In contrast, if nobody confronted you directly, it was not robbery — it was burglary or theft. Consequently, these are very different charges with very different penalties.

Because of this, the charge you actually face changes everything about your defense. At The Brancato Law Firm, P.A., the first thing we do is make sure the charge fits the facts.

What Are the Three Types of Robbery in Florida?

Specifically, Florida breaks robbery into three categories based on whether the offender carried a weapon. The type of weapon — or lack of one — controls how much prison time you face.

Armed Robbery with a Firearm or Deadly Weapon

This is the most serious category. If you had a firearm or deadly weapon during the robbery, you face a first-degree felony punishable by up to life in prison. In fact, you do not have to point or fire the weapon — just having it on you is enough for this charge.

Robbery with a Weapon

Similarly, if you had a weapon that does not qualify as a firearm or deadly weapon, it is still a first-degree felony with up to 30 years in prison. However, Florida courts have debated what counts as a “weapon” for decades, and that gray area is often where a strong defense begins.

Strong-Arm Robbery (No Weapon)

Finally, when the offender carries no weapon, it is a second-degree felony with up to 15 years in prison. Nevertheless, even though this is the least severe robbery charge Florida, 15 years is still a life-changing sentence. We take every robbery classification seriously at The Brancato Law Firm, P.A.

What Are the Penalties for Robbery in Florida?

As noted above, every robbery offense Florida in Florida is a felony. Furthermore, the penalties jump sharply depending on whether the offender carried a weapon, and Florida’s 10-20-Life law adds mandatory minimums that judges cannot override.

10-20-Life Warning: Under § 775.087, just having a firearm during a robbery triggers a 10-year mandatory minimum. Fire the weapon? That jumps to 20 years. If someone is hurt, the mandatory minimum is 25 years to life. The judge has zero discretion to go lower. If you are facing armed robbery, call The Brancato Law Firm, P.A. immediately at (813) 727-7159.

Is a BB Gun a Firearm for Robbery Charges?

No. Under Florida law, a firearm must fire a projectile using an explosive charge. Because a BB gun does not do that, it does not qualify as a firearm. However, courts have ruled that a BB gun can still be classified as a “deadly weapon” depending on how it was used — for example, if the person implied it was loaded and the victims had no reason to think otherwise.

As a result, this distinction matters enormously. The difference between “firearm” and “deadly weapon” can mean the difference between a life sentence and a significantly shorter one. At The Brancato Law Firm, P.A., we analyze exactly how someone used the alleged weapon because that analysis often determines the outcome.

What Sentencing Enhancements Can Stack on a Robbery Charge?

Beyond the base penalties, robbery charges can get much worse when prosecutors stack additional enhancements. In particular, Hillsborough County prosecutors routinely pursue these, and they can turn a serious sentence into a devastating one.

Consequently, because these enhancements can stack on top of each other, a single armed robbery statute Florida can result in a life sentence. For this reason, we review every prior conviction and every fact at The Brancato Law Firm, P.A. — to find grounds to challenge each enhancement.

How Does The Brancato Law Firm Defend Robbery Charges?

Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys — I have seen every defense strategy that works and every one that fails.

Robbery Case Results

Case Study — Not Guilty, Armed Robbery with Firearm (Two Counts): We represented a man accused of robbing another man for expensive car rims at gunpoint. Before trial, Rocky personally visited the client’s home, the crime scene, and the evidence room to examine every piece of evidence — including a specific reversible jacket. That hands-on investigation gave Rocky superior knowledge of the details, which he used to cross-examine the detectives and prepare his client to testify. The jury returned Not Guilty on both counts of armed robbery.

Past results do not guarantee future outcomes.

Case Study — Not Guilty, Armed Robbery (Wimauma): We represented a man charged with armed robbery. At trial, we presented a mistaken identity defense built around a critical detail: the victim never mentioned our client’s distinctive arm tattoo when describing the suspect to police. That inconsistency created reasonable doubt, and the jury returned a Not Guilty verdict.

Past results do not guarantee future outcomes.

Case Study — Not Guilty, Kidnapping and Robbery (Plant City): We represented a man facing kidnapping and robbery charges. Rocky presented a strong mistaken identity defense, challenging the prosecution’s evidence at every turn. The jury found our client Not Guilty on both charges.

Past results do not guarantee future outcomes.

Case Study — Robbery Dismissed (November 2025): We represented a woman accused of participating in a robbery and severely beating another woman. After Rocky’s investigation, the robbery charge Florida was dismissed entirely and the aggravated battery was reduced to a misdemeanor with a probationary sentence.

Past results do not guarantee future outcomes.

How We Attack the Prosecution’s Case

Our defense process focuses on the weak points in every robbery case:

• Eyewitness identification — Photo lineups, show-ups, and in-court IDs are frequently flawed. We challenge the procedures and, when needed, retain identification experts.
• The force or fear element — If the State cannot prove force, violence, or threats, the robbery charge should be reduced to theft.
• Weapon classification — Whether an object qualifies as a firearm, deadly weapon, or weapon can be the difference between life in prison and 15 years.
• Independent forensic review — Our experts review surveillance footage, DNA, and physical evidence separately from what the State presents.

What Are Common Defenses to Robbery in Florida?

Every robbery case is different, and the best defense depends on the facts. Here are the strategies we most commonly pursue at The Brancato Law Firm, P.A.

What Charges Often Come With Robbery?

Robbery charges rarely stand alone. Instead, prosecutors frequently stack related charges, and each one adds potential prison time. Therefore, understanding what you are actually facing is critical to building the right defense.

Felony Murder (§ 782.04): For example, if someone dies during a robbery — even accidentally — you can be charged with first-degree murder. This carries life in prison or even the death penalty. Because I am death-qualified under the Rules of the Florida Supreme Court, I understand the stakes of these cases and know how to defend them.

Carjacking (§ 812.133): Additionally, this is robbery where the property taken is a car. You can be convicted of both robbery and carjacking if different property was involved in the same incident.

Robbery by Sudden Snatching (§ 812.131): On the other hand, this is a lesser offense — a third-degree felony with up to 5 years instead of 15. Accordingly, successfully arguing for this reclassification can dramatically reduce your exposure.

What About Juvenile Robbery Charges?

Robbery charges hit juvenile defendants differently. Indeed, Florida courts have recognized that sentencing minors the same as adults raises serious constitutional problems. As a consequence, courts have thrown out life sentences for juveniles convicted of armed robbery and capped sentences to make sure young people get a real chance at release. At The Brancato Law Firm, P.A., we fight to protect the future of young clients facing robbery charges Florida in Hillsborough, Pinellas, and Pasco Counties.

Frequently Asked Questions About Florida Robbery Charges

What is the difference between robbery and theft in Florida?

Robbery requires force, violence, or threats during the taking. In contrast, theft does not. Because of that distinction, robbery is always a felony, while theft can be a misdemeanor. Tampa Criminal Defense Attorney Rocky Brancato at The Brancato Law Firm, P.A. can evaluate whether the force element is actually supported in your case.

Can robbery charges be dropped in Florida?

Yes. If the defense shows there is not enough evidence of force or fear, or if there were constitutional violations during the investigation, robbery charges can be dropped. In addition, pre-file intervention — where an attorney presents evidence to prosecutors before formal charges are filed — can also prevent charges entirely. Call The Brancato Law Firm, P.A. at (813) 727-7159.

What is strong-arm robbery?

Strong-arm robbery is robbery without a weapon. It is a second-degree felony with up to 15 years in prison. Even without a weapon, prosecutors still push for aggressive sentences. The Brancato Law Firm, P.A. defends strong-arm robbery cases throughout Hillsborough, Pinellas, and Pasco Counties.

How long do you go to jail for armed robbery in Florida?

Armed robbery with a firearm is a first-degree felony punishable by up to life in prison. On top of that, Florida’s 10-20-Life law triggers a 10-year mandatory minimum just for having the firearm. Furthermore, if someone fired the firearm, the minimum jumps to 20 years. The Brancato Law Firm, P.A. fights to challenge firearm classifications and reduce mandatory minimums.

Can I be charged with robbery if I did not actually take anything?

Yes. You can be charged with attempted robbery even if no property was taken. Specifically, the State just has to prove you intended to commit robbery and took some step toward doing it. However, if you voluntarily stopped before using force, the charges may not hold. The Brancato Law Firm, P.A. examines the timeline of events closely in these situations.

What should I do if I am arrested for robbery in Tampa?

Stay silent and call a lawyer immediately. Do not explain your side to the police. If you have been booked at Orient Road Jail or Falkenburg Road Jail, your first appearance will be at the Hillsborough County Courthouse. Call The Brancato Law Firm, P.A. at (813) 727-7159 as soon as possible — early action can change the outcome of your case.

Why should I hire The Brancato Law Firm for robbery defense?

Rocky Brancato has more than 25 years of criminal defense experience in Hillsborough County, including more than 150 jury trials to verdict. Notably, he has taken robbery and armed robbery cases to trial and won Not Guilty verdicts. He also holds an AV Preeminent rating from Martindale-Hubbell and has been selected to Super Lawyers, with perfect 10.0 ratings on both Justia and Avvo.

What does an AV Preeminent rating mean for my robbery case?

An AV Preeminent rating from Martindale-Hubbell is the highest rating an attorney can receive for legal ability and ethical standards. Essentially, Martindale-Hubbell bases this rating on peer reviews from other lawyers and judges who have seen Rocky Brancato work. For your robbery case, this means the attorneys who have opposed him rate his ability at the highest level. The Brancato Law Firm, P.A. brings that caliber of defense to every case.

You Are Reading This for a Reason — Let Us Help

If you or someone you love is facing Florida robbery law in Tampa, you are not just reading an article — you are looking for a way out. We understand that. At The Brancato Law Firm, P.A., we have taken armed robbery cases to trial and won Not Guilty verdicts when the stakes could not have been higher.

Every day you wait is a day the prosecution builds its case against you. However, early action can change everything — from challenging the evidence before trial to preventing formal charges from ever being filed. The sooner you call, the more options we have to protect you.

Call Tampa Criminal Defense Attorney Rocky Brancato right now at The Brancato Law Firm, P.A.: (813) 727-7159. The consultation is free, confidential, and available 24/7 for emergencies. We serve Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend violent crime cases, visit our Tampa Violent Crime Lawyer practice page. We have also written about what constitutes a first-degree felony in Florida, which covers the sentencing framework that applies to armed robbery.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

Updated 5/31/2026