Understanding the Key Differences Between Simple and Aggravated Assault Under Florida Law
When someone is accused of assault in Florida, the severity of the charge depends on whether the incident is classified as simple assault or aggravated assault. The difference between these two offenses can mean the difference between a misdemeanor and a felony, and the penalties vary significantly. Florida law distinguishes between these two charges based on whether a deadly weapon was involved or if there was an intent to commit another felony.
If you or someone you know is facing an assault charge, understanding how Florida law defines these offenses and what penalties apply can help you prepare the strongest defense possible.
How Florida Law Defines Simple Assault
Under Florida Statutes § 784.011, simple assault occurs when a person:
- Intentionally and unlawfully threatens another person—either verbally or through actions.
- Appears to have the ability to carry out the threat at that moment.
- Causes the alleged victim to have a well-founded fear that violence is imminent.
The critical element in an assault charge is the fear of harm, not physical contact. If someone raises their fist at another person in a threatening way, even if they never actually strike them, it could still be charged as simple assault.
Penalties for Simple Assault in Florida
Because simple assault is classified as a second-degree misdemeanor, the penalties are:
- Up to 60 days in jail
- Up to 6 months of probation
- A fine of up to $500
While the penalties may not seem severe, having an assault conviction on your record can have long-term consequences, including difficulty securing employment, housing, or professional licenses.
What Makes an Assault "Aggravated" in Florida?
Aggravated assault is a more serious charge under Florida Statutes § 784.021. To be charged with aggravated assault, the prosecution must prove the same elements as simple assault but with one major difference—there must be either:
- A deadly weapon involved (without the intent to kill).
- An intent to commit another felony while making the threat.
A deadly weapon is defined as any object that can cause death or great bodily harm. This could include a firearm, knife, baseball bat, or even a vehicle if it was used in a threatening manner.
If a person threatens someone with a gun, even if they don’t fire it, that can be considered aggravated assault with a deadly weapon. Similarly, if someone threatens another person while committing a burglary or robbery, the charge could be aggravated assault with intent to commit a felony.
Penalties for Aggravated Assault in Florida
Aggravated assault is a third-degree felony, carrying significantly harsher penalties:
- Up to 5 years in prison
- Up to 5 years of probation
- A fine of up to $5,000
Additionally, Florida has sentencing enhancements for certain aggravated assault cases. If a firearm is involved, Florida’s 10-20-Life law (Florida Statutes § 775.087) may require a minimum mandatory sentence depending on whether the weapon was discharged.
Common Defenses Against Assault Charges in Florida
Being accused of assault does not automatically mean a conviction. There are several legal defenses that can be used to fight the charges.
Self-Defense
Florida law allows individuals to use force to protect themselves if they reasonably believe they are in danger. If you were defending yourself against an attack, you may have a strong legal defense under Florida Statutes § 776.012.
Stand Your Ground Law
Under Florida’s Stand Your Ground law (Florida Statutes § 776.013), a person is not required to retreat before using force in self-defense. If the threat was real and imminent, this could be a valid defense against an assault charge.
Lack of Intent
For an assault charge to stand, the prosecution must prove that the threat was intentional. If the words or actions were misunderstood or taken out of context, the charge may not hold up in court.
False Accusations
Personal disputes, revenge, or mistaken identity can lead to false accusations. If the evidence suggests that the alleged victim was not truthful, this could be a key element in the defense strategy.
No Well-Founded Fear
For an assault charge to be valid, the alleged victim must have reasonably feared imminent harm. If their reaction was exaggerated or unreasonable, this could weaken the prosecution’s case.
Impact of an Assault Conviction in Florida
Whether the charge is simple or aggravated assault, a conviction can have lasting consequences beyond the immediate penalties.
- Permanent Criminal Record: A conviction can appear on background checks, making it harder to find employment.
- Loss of Gun Rights: A felony conviction results in the loss of firearm ownership rights under Florida Statutes § 790.23.
- Immigration Consequences: Non-citizens convicted of aggravated assault could face deportation or visa denial.
- Stricter Penalties for Future Crimes: Prior convictions can enhance sentencing in any future criminal cases.
Given these serious repercussions, fighting an assault charge is critical to protecting your future.
Florida Assault Offense FAQs
What is the key difference between simple assault and aggravated assault in Florida?
The difference lies in the severity of the threat. Simple assault is a misdemeanor and involves a threat of harm without a weapon or felony intent. Aggravated assault is a felony and involves either a deadly weapon or an intent to commit another felony.
Can I go to jail for simple assault in Florida?
Yes, simple assault carries a penalty of up to 60 days in jail. However, many first-time offenders can negotiate for probation, fines, or even case dismissal through diversion programs.
How does the presence of a weapon change an assault charge?
If a deadly weapon is used in a threatening manner, even if no one is physically harmed, the charge becomes aggravated assault, which is a felony with up to 5 years in prison.
Is throwing something at someone considered assault in Florida?
Yes, if an object is thrown in a way that creates a reasonable fear of imminent harm, it can be charged as assault. If the object is considered a deadly weapon, it could result in aggravated assault charges.
Can an assault charge be dropped if the victim does not want to press charges?
Not necessarily. In Florida, prosecutors can still pursue the case, even if the alleged victim recants their statement. However, a lack of cooperation from the victim can make prosecution more difficult.
What should I do if I am falsely accused of assault in Florida?
Gather any evidence that supports your defense, including witness statements, video footage, or text messages. False accusations can be challenged through inconsistencies in the accuser’s story.
Does Florida’s Stand Your Ground law apply to assault cases?
Yes. If you acted in self-defense and reasonably feared for your safety, Stand Your Ground laws may justify your actions and result in case dismissal.
How can a lawyer help me fight an aggravated assault charge?
A strong defense includes challenging the prosecution’s evidence, proving lack of intent, demonstrating self-defense, and questioning the credibility of witnesses. An attorney can negotiate for reduced charges or work to have the case dismissed entirely.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.