Assault in Florida

Assault in Florida 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. Section 784.011, Florida Statutes.

Standard of Proof

Florida Criminal Jury Instruction 8.1 only requires the state to prove the following three elements in order to prove the charge of Assault in Florida:

  1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
  2. At the time, Defendant, appeared to have the ability to carry out the threat.
  3. The act of Defendant created in the mind of the victim a well-founded fear that violence was about to take place. 


Assault is a Second Degree Misdemeanor. The maximum punishment for this crime is 60 days in the county jail or six months in jail. Or any combination of the two not to exceed either. The Defendant is also required to pay up to a $500 fine in addition to court costs, law enforcement costs, and the state prosecution fees. In total, a misdemeanor conviction for Assault in Florida can cost well over $1,000.00. 

Why Should You Hire an Experienced Trial Lawyer? 

Hiring a lawyer that has actual experience in handling Assault cases in Florida may be the difference between jail time and lengthy probation, and a more favorable result. I have personally tried these types of cases, both as a prosecutor and a defense lawyer. As a defense attorney, I have drafted and argued motions that have resulted in actual dismissals of all charges against my clients.   

I have successfully handled Assault cases in Florida throughout Sarasota, Manatee, and Duval counties. If you have been accused of this type of crime, call me immediately to discuss your case. Let my experience handling these cases from both sides of the aisle assist you in preparing your best defense.

Contact me for a free consultation.

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