Simple Assault
In Florida, assault does not require touching anyone — it is a threat that creates a well-founded fear. Here is what the statute requires and where these cases break down.
What the Statute Requires
Many people are surprised that assault in Florida involves no physical contact at all — that is battery. Under § 784.011, assault is a threat, by word or act, combined with the apparent ability to carry it out, that creates a well-founded fear in the victim that violence is imminent.
All three elements must be present: an intentional threat, an apparent ability to follow through, and a resulting reasonable fear of imminent violence. A vague or future threat often does not qualify.
The Actual Penalties
Penalties increase sharply if the assault is "aggravated" (with a deadly weapon or intent to commit a felony) or committed against a protected class such as law enforcement.
What a Defense Attorney Looks For
- Was there a "well-founded fear"? The victim’s fear must be reasonable and of imminent violence — not a future or conditional threat.
- Apparent ability. If the person had no apparent ability to carry out the threat, an element is missing.
- Self-defense or words alone. Idle words, without an act, frequently fall short of the statute.
- Conditional threats that don’t create imminent fear.
Frequently Asked Questions
Does assault require physical contact in Florida?
Is simple assault a felony in Florida?
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.