Last updated November 2025
Most people think “assault” means physically hitting someone — but under Florida law, assault has a very different meaning. In fact, you can be charged with assault even if no one was ever touched.
Here’s the real definition of assault in Florida, what prosecutors must prove, and what penalties you could face.
📜 Florida Statutory Definition of Assault
Florida Statute §784.011 defines assault as:
“An intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
Key elements prosecutors must prove:
Intentional threat by word or act
Apparent ability to carry out the threat
The other person had a well-founded fear that violence was imminent
👊 Simple vs. Aggravated Assault in Florida
Simple Assault (misdemeanor):
Second-degree misdemeanor
Up to 60 days in jail
Fines up to $500
Aggravated Assault (felony):
Defined in Fla. Stat. §784.021
Involves a deadly weapon without intent to kill OR intent to commit a felony
Third-degree felony
Up to 5 years in prison
🚨 Examples of Assault in Florida
Raising a fist while threatening to hit someone
Verbally threatening to shoot someone while holding a gun
Aggressive gestures that cause fear of immediate harm
🛡️ Defenses to Assault Charges
A Fort Lauderdale assault defense lawyer may argue:
No intent: Words or actions weren’t meant as a threat
No imminent threat: No apparent ability to follow through
Self-defense: Responding to another person’s aggression
False accusation: Case built on unreliable or biased witnesses
📍 Arrested for Assault in Florida?
Even misdemeanor assault can have lasting consequences for jobs, housing, and your record. A strong defense can protect your rights and freedom.
👉 Contact an experienced Fort Lauderdale assault lawyer today.
❓ FAQs: Florida Assault
❓⚖️ What is the legal definition of assault in Florida?
An intentional threat by word or act with the ability to carry it out, creating fear of imminent violence.
❓👊 Is assault the same as battery in Florida?
No. Assault is the threat of violence; battery involves actual physical contact.
❓🚨 What is aggravated assault in Florida?
An assault involving a deadly weapon without intent to kill, or with intent to commit a felony.
❓📄 What statute defines assault in Florida?
Florida Statute §784.011.
❓🛡️ Can assault charges be defended?
Yes. Defenses include lack of intent, no imminent threat, self-defense, or false accusation.