Assault in Florida

Misdemeanor Assault

Florida law defines the crime of misdemeanor or simple assault is defined as an intentional and unlawful threat against another person, coupled with the apparent ability to carry out the threat, which creates a genuine and reasonable fear that violence or harm is imminent.

What is Aggravated Assault in Florida?

If the Assault is made with a deadly weapon (i.e. brandishing a weapon), or while committing a felony offense, the assault constitutes an Aggravated Assault and is prosecuted as a felony.  Now this can be a big deal, as the Florida imposes a mandatory minimum on instances of aggravated assault with a firearm.

Some defenses that may be available to you

"If you look at my wife that way again, I'm gonna bust you with a bat!"  As nasty as that statement is, it's not an assault.  Rather, it's classified as a "conditional threat."  A statement that sets out a conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault.  In much the same way, that same threat, unaccompanied by any physical act, does not meet the statutory definition of assault.  It's nothing more than an idle threat.

Which is why it's critically important to hire an experienced criminal defense attorney to develop an effective defense strategy and hold the State Attorney's Office to their burden of proving the crime of assault beyond and to the exclusion of any reasonable doubt.  


If you or a loved one is arrested and charged with assault, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.  

I want to hear your side of the story.

Rick Hermida

State and Federal Criminal Defense Attorney

55 Merrick Way ~ Suite 212

Coral Gables, Florida 33134

305-461-1116 (Office)

305-461-1066 (24 Hours)

We are solely a Criminal Defense Law Firm.  That's all we do and all we have done since 1987.