Assault in Florida

Florida Statute §784.011   |   Classification: Second-Degree Misdemeanor

What Is This Charge?

In Florida, assault is defined as an intentional, unlawful threat — by word or act — to do violence to another person, combined with an apparent ability to carry out that threat, and an act that creates a well-founded fear in the other person that violence is imminent. No physical contact is necessary. A threatening statement combined with an aggressive step forward can be enough.

Penalties & Fines

• Up to 60 days in county jail

• Up to 6 months of probation

• Up to $500 in fines

• Enhanced penalties apply when the victim is a law enforcement officer, firefighter, EMT, elderly person, or pregnant woman — these can elevate the charge to a first-degree misdemeanor or felony

  
  

Additional Consequences

• A criminal record, even for a misdemeanor, can affect employment, housing, and professional licensing

• Possible restraining order or no-contact order

• Immigration consequences for non-citizens

  
  

Possible Defenses

• No actual threat was made

• No reasonable fear of imminent violence was created

• The alleged victim's fear was not well-founded

• Conditional or idle threats may not meet the legal standard

• Self-defense

• Mutual combat or provocation

  
  

Why You Need a Defense Attorney

Assault charges, even as misdemeanors, leave a permanent mark on your record. Many assault cases involve disputes between people who know each other, often with conflicting accounts. An attorney can evaluate the evidence, challenge whether the legal elements are truly met, and pursue diversion or dismissal where appropriate.

Call today for a free consultation: (813) 509-6075  |  Email: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.