🚨 Charged With Assault in Florida? The State Has a Heavy Burden.
Florida prosecutors can’t convict you of assault just because someone claims you scared them. They have to prove very specific elements—and that’s where we fight.
At Michael White, P.A., we break down what assault charges in Florida really mean, what the State must prove, and how we build strategic defenses that work.
⚖️ Legal Definition of Assault (Fla. Stat. § 784.011)
To convict someone of simple assault, prosecutors must prove:
You made an intentional threat—by word or action
You had the apparent ability to carry out the threat
The alleged victim had a well-founded fear that violence was imminent
🛑 Important: Physical contact is not required for an assault charge.
🔥 Key Points Prosecutors Must Prove
🔹 Intent
Did you mean to threaten violence—or were you simply arguing, reacting, or misunderstood?
🔹 Apparent Ability
Did you actually appear capable of carrying out the threat?
A verbal argument across a parking lot usually won’t meet this threshold.
🔹 Well-Founded Fear
The alleged victim must have genuinely feared imminent harm—and that fear must be reasonable under the circumstances.
🔄 Common Defenses to Assault Charges
❌ No intent to threaten
🙄 Victim overreacted or misinterpreted
🔁 Mutual argument with no threat of violence
🎥 Video contradicts claim of fear or threat
🛡️ Self-defense or Stand Your Ground
⚠️ What If the Charge Is Aggravated Assault?
Aggravated assault involves:
A deadly weapon, or
Occurs during the commission of another felony
It’s charged as a felony and carries much harsher penalties.
📌 Related Reading:
🛡️ Why Hiring an Attorney Early Matters
Assault cases often come down to conflicting stories and emotional reactions.
Your attorney can:
Gather favorable evidence early
Interview witnesses before memories fade
Build a narrative that keeps prosecutors from filing charges—or gets them dropped later
📞 Facing Assault Charges in Florida? Let’s Get to Work.
Whether you’re facing misdemeanor or felony assault, we fight to protect your record and your reputation.
Call before the State locks in a version of events that works against you.
📲 Call (954) 270-0769 or schedule your consultation now
❓ Frequently Asked Questions
⚖️ What are the elements of assault under Florida law?
Florida prosecutors must prove three elements:
an intentional threat (by word or act),
the apparent ability to carry it out, and
that the victim had a well-founded fear of imminent violence.
❌ Do I have to hit someone to be charged with assault?
No. Assault in Florida doesn’t require physical contact. It’s the threat of violence that matters—not whether the threat was actually carried out.
🔁 What’s the difference between assault and aggravated assault?
Simple assault involves a threat of violence.
Aggravated assault includes a deadly weapon or occurs during the commission of a felony, making it a felony offense with harsher penalties.
🛡️ What defenses are available to assault charges in Florida?
Common defenses include:
Lack of intent to threaten
No reasonable fear by the alleged victim
Mutual argument without escalation
Self-defense or Stand Your Ground
🧑⚖️ Can I get an assault charge dropped or reduced?
Yes. We often negotiate for dismissals, reduced charges, or diversion—especially if there’s no physical injury, the victim overreacted, or evidence is weak.