Last updated November 2025
In Florida, you don’t have to make physical contact to face an assault charge. Even a verbal threat — if it creates fear of imminent harm — can lead to arrest. Under Florida Statute §784.011, assault means an intentional, unlawful threat to do violence to another person, coupled with the apparent ability to carry it out.
🧾 Assault vs. Battery
Assault and battery are often charged together, but they’re legally distinct.
Assault is a threat — no physical contact required.
Battery involves actual physical contact or harm.
For example, raising your fist and saying, “I’m going to hit you,” may be assault; following through makes it battery. Learn more about battery-related defenses in Domestic Violence Attorney Fort Lauderdale: Protecting Your Rights & Future.
🚨 Penalties for Assault in Florida
Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. But aggravating factors can elevate it:
Aggravated assault (using a deadly weapon or intent to commit a felony) is a third-degree felony, carrying up to 5 years in prison.
Learn more about the felony version in What Is Aggravated Assault in Florida? Laws & Defenses.
Assault is also treated more seriously if the victim is a law enforcement officer, medical professional, or public employee.
🧠 Common Defenses to Assault Charges
Defending an assault case means showing what didn’t happen — no threat, no fear, or no ability to carry it out. Common strategies include:
Lack of intent: The statement wasn’t a true threat.
Conditional threat: (“If you touch me, I’ll hit you”) usually doesn’t meet the standard.
Self-defense: Florida’s Stand Your Ground law applies to assault if you acted lawfully.
False accusation: Common in disputes between neighbors, coworkers, or domestic partners.
A skilled Fort Lauderdale criminal defense lawyer can challenge the credibility of witnesses and expose inconsistencies in police reports or body-worn camera footage.
🔗 Connected Legal Issues
Assault charges often appear alongside resisting arrest or property damage cases. Read more in Resisting Arrest Defense Attorney Fort Lauderdale and explore post-case options in Fort Lauderdale Record Sealing & Expungement.
For full statutory definitions, visit the Florida Senate Chapter 784 – Assault and Battery Laws page.
Florida Assault FAQs: Definitions, Penalties & Defenses
1. What qualifies as assault in Florida?
An intentional threat plus an act that causes fear of imminent harm — no contact required.
2. What’s the penalty for simple assault?
Up to 60 days in jail and $500 in fines.
3. How is aggravated assault different?
It involves a weapon or intent to commit another felony.
4. Can words alone be assault?
Not usually. There must be an act showing ability to carry out the threat.
5. Can assault charges be dropped?
Yes. Weak evidence or inconsistent statements often lead to dismissal.
💬 Contact a Fort Lauderdale Assault Defense Attorney Today
Accused of assault in Florida? Don’t let a misunderstanding become a permanent record.
Contact Michael White, P.A. for a free consultation with a former prosecutor who knows how to challenge the State’s case and protect your future.