Last updated November 2025
Most people think of assault as physical violence — but in Florida, you can be charged even without touching anyone. Under Florida Statute §784.011, assault means an intentional, unlawful threat by word or act to do violence to another person, combined with the apparent ability to carry it out, and creating a well-founded fear in the other person.
That legal definition makes assault one of the most misunderstood offenses in Florida’s criminal code.
⚖️ How the Law Works
To prove assault, prosecutors must establish three things:
1️⃣ The defendant intentionally threatened violence.
2️⃣ The defendant had the apparent ability to carry out the threat.
3️⃣ The victim reasonably feared imminent harm.
Because no physical contact is required, many assault cases arise from verbal altercations, road-rage incidents, or heated disputes that never became physical.
Learn how Florida differentiates these cases in Assault in Florida: How the Law Defines and Punishes It.
🚨 Penalties for Assault
Simple assault is classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. But aggravating factors — like use of a weapon or intent to commit another felony — elevate it to aggravated assault, a third-degree felony with up to 5 years in prison.
See how Florida handles those cases in What Is Aggravated Assault in Florida? Laws & Defenses.
🧠 Common Defenses to Assault
Defending an assault charge involves disproving intent, fear, or capability. Common strategies include:
Lack of intent: The statement wasn’t serious or meant as a threat.
Conditional threats: (“If you come closer, I’ll hit you”) often don’t meet the legal standard.
Self-defense: Florida’s Stand Your Ground law applies if you were protecting yourself or others.
False or exaggerated claims: Common in domestic or neighbor disputes.
A seasoned Fort Lauderdale criminal defense lawyer will examine body-worn camera footage, witness statements, and police reports for inconsistencies that can collapse the State’s case.
🔗 Connected Offenses
Assault charges often overlap with domestic violence or resisting arrest. Learn how these are handled in Domestic Violence Attorney Fort Lauderdale: Protecting Your Rights & Future and Resisting Arrest Defense Attorney Fort Lauderdale.
If your case is dismissed, you may qualify to clear your record — see Fort Lauderdale Record Sealing & Expungement.
❓ Florida Assault FAQs: Common Legal Questions
1. Does Florida require physical contact for assault?
No. Assault is based on threat and fear, not actual contact.
2. What’s the difference between assault and aggravated assault?
Aggravated assault involves a weapon or intent to commit a felony.
3. Can I be charged for yelling during an argument?
Only if the victim reasonably feared immediate harm.
4. What are Florida’s penalties for simple assault?
Up to 60 days in jail, probation, and fines.
5. Can assault charges be dropped?
Yes. Lack of evidence, witness issues, or self-defense claims often lead to dismissal.
💬 Contact a Fort Lauderdale Assault Defense Attorney Today
If you’ve been charged with assault in Florida, don’t take it lightly.
Contact Michael White, P.A. today for a free consultation with a former prosecutor who understands how to challenge Florida’s assault laws and protect your record.