The Florida assault statute is very specific and requires the prosecution to prove many elements. An assault is defined as an intentional, unlawful threat by word or act to do violence to another. However, to be an assault you must also have the apparent ability to commit that violence and create a well founded fear in the other person. The prosecution must prove all of these elements, and even missing one could lead to your acquittal. A simple assault is categorized as a second degree misdemeanor punishable up to 60 days in the county jail.

Aggravated Assault

Similar to a simple assault, an aggravated assault has the same elements that the prosecution must prove plus one additional element. They must also prove that a deadly weapon was used without the intent to kill or there was an intent to commit a felony. Aggravated assault is a third degree felony punishable up to 5 years in Florida State Prison.

Assault vs. Battery

Many times people confuse an assault and battery. An assault, as described above, does not require that anyone be touched by the action, only that some act of violence was threatened, and that the person was placed in immediate fear. However, a battery requires that the victim be touched or struck in some way. There is not requirement that they be harmed, only that they were touched and it was against their will.

How We Can Help

At the Law Office of M. Ameen, we understand the complexity of an assault case. There are many defenses available to you that you may not be aware of. Call us 24 hour a day, 7 days a week, toll free 1-800-436-8332 to set up a free consultation and discuss your case with an attorney today!

Florida Assault Statute Text (F.S. 784.011)

  • An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, 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.
  • Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Florida Aggravated Assault Statute Text (F.S. 784.021)

  • An “aggravated assault” is an assault:
    • With a deadly weapon without intent to kill; or
    • With an intent to commit a felony.
  • Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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