In Florida, the terms “assault” and “aggravated assault” are often used interchangeably by the public—but under the law, they’re very different crimes with very different consequences.
Here’s how Florida law defines each—and what you should know if you’re facing one of these charges.
⚖️ What Is Assault in Florida?
Under Florida Statute § 784.011, assault is defined as:
“An intentional, unlawful threat by word or act to do violence to another person, combined with an apparent ability to do so, and doing some act which creates a well-founded fear.”
Key elements:
No physical contact required
Victim must experience real fear
Can be based on verbal threats and body language alone
Assault is a second-degree misdemeanor, punishable by:
Up to 60 days in jail
Up to 6 months probation
Up to $500 fine
🔪 What Is Aggravated Assault in Florida?
Aggravated assault is charged under Florida Statute § 784.021 and includes the elements of simple assault plus one of the following:
Use of a deadly weapon without intent to kill
Assault during the commission of another felony
This elevates the charge from a misdemeanor to a third-degree felony, carrying:
Up to 5 years in prison
Up to 5 years probation
Up to $5,000 fine
🧠 Key Differences Between Assault and Aggravated Assault
| Feature | Assault | Aggravated Assault |
|---|---|---|
| Type of charge | Misdemeanor | Felony |
| Weapon involved? | No | Yes (or felony context) |
| Threat only? | Yes | Yes, but more severe circumstances |
| Potential jail time | Up to 60 days | Up to 5 years |
| Use of deadly weapon | Not required | Required (or felony enhancement) |
🔥 What Counts as a Deadly Weapon?
Florida courts consider a “deadly weapon” to be anything capable of causing serious harm or death, including:
Firearms
Knives
Baseball bats
Cars (when used aggressively)
Broken bottles
Heavy tools
Even an object not normally considered dangerous may be treated as a deadly weapon depending on how it’s used.
🛡️ Defending Assault and Aggravated Assault Charges
At Michael White, P.A., we’ve defended countless clients facing both misdemeanor and felony assault charges. Common defenses include:
Self-defense
Mutual combat
Lack of intent to threaten
No credible fear experienced by the alleged victim
False accusations or exaggeration
Every assault case is highly fact-specific—and the difference between a minor misdemeanor and a life-changing felony often depends on what you do right after the arrest.
👨⚖️ Fort Lauderdale Assault & Aggravated Assault Lawyer
Whether you’re charged with making a threat or brandishing a weapon, we know how to challenge the evidence, protect your rights, and work toward dismissal or charge reduction.
🔍 More Answers About the Difference Between Assault and Aggravated Assault in Florida
❓ Can I be charged with assault without touching anyone?
Yes. Physical contact is not required for an assault charge in Florida.
❓ What makes assault “aggravated” under Florida law?
The use of a deadly weapon or the act occurring during another felony elevates it to aggravated assault.
❓ Is brandishing a weapon considered aggravated assault?
It can be—if the weapon is displayed in a threatening way and causes real fear.
❓ What are the penalties for aggravated assault?
It’s a third-degree felony punishable by up to 5 years in prison and a \$5,000 fine.
❓ Can assault charges be dropped?
Yes. With early intervention and legal strategy, charges can sometimes be reduced or dismissed—especially in first-offense or self-defense cases.