In Florida, plain assault is a second-degree misdemeanor under Florida Statute 784.011(2), punishable by up to 60 days in jail. Aggravated assault is a third-degree felony under Florida Statute 784.021(2), punishable by up to 5 years in prison. One line separates them: whether the threat was made with a deadly weapon, or with the intent to commit a felony.
A second factor can raise the grade without changing the conduct: who the person threatened was. Keep reading for how Florida grades each version, and what the reclassification statutes do and do not reach.
Understanding Assault Charges in Florida
In Florida, assault is defined as an intentional threat to harm another person, coupled with the apparent ability to carry out that threat, which creates a well-founded fear of imminent violence. In simpler terms, it's making someone believe they're about to be hurt, even if no physical contact occurs.
Misdemeanor Assault
Assault in Florida is a second-degree misdemeanor under Florida Statute 784.011(2). This charge usually applies in situations where someone threatens violence without aggravating factors. For example, if two people get into a heated argument and one threatens to punch the other, it could be charged as misdemeanor assault.
A second-degree misdemeanor assault conviction carries up to 60 days in jail under Florida Statute 775.082(4)(b) and a fine of up to $500 under Florida Statute 775.083(1)(e). Misdemeanor probation runs up to 6 months unless the court specifies otherwise, under Florida Statute 948.15(1). One exception: an assault committed in furtherance of a riot or aggravated riot is a first-degree misdemeanor under Florida Statute 784.011(3). While less severe than felony charges, these penalties can still significantly impact a person's life, affecting job prospects and personal relationships.
Felony Assault
Florida has no offense called felony assault. What people mean by it is aggravated assault, defined in Florida Statute 784.021(1) as an assault either with a deadly weapon without intent to kill, or with the intent to commit a felony. It is a third-degree felony.
Two things move a Florida assault above a second-degree misdemeanor: a deadly weapon or felonious intent, which makes it aggravated assault under Florida Statute 784.021, and the identity of the person threatened, which triggers a reclassification statute such as Florida Statute 784.07 or Florida Statute 784.08.
Factors That Elevate Assault to a Felony in Florida
Only two things raise the grade, and they work differently. One changes the offense; the other reclassifies whatever offense you already have.
Weapon Use
The use of a weapon during an assault is a primary factor that can elevate the charge to a felony. This includes not only traditional weapons like guns or knives but also everyday objects used as weapons, such as a vehicle.
For instance, Florida courts have considered items such as beer bottles, golf clubs, and even a car as deadly weapons when used to threaten or harm someone.
Does An Injury Make It A Felony?
Not for assault. Assault under Florida Statute 784.011 requires no touching at all, so there is no injury to grade. Once contact happens the charge is battery under Florida Statute 784.03, and injury is what separates simple battery from aggravated battery under Florida Statute 784.045(1)(a), which reaches great bodily harm, permanent disability or permanent disfigurement.
Florida does not define "great bodily harm" by statute. Florida courts treat it as harm greater than slight, trivial, minor or moderate harm, and whether a given injury clears that line is a jury question. Broken bones and a laceration needing stitches are the kinds of injuries prosecutors charge under Florida Statute 784.045; bruising generally is not. Aggravated battery is a second-degree felony carrying up to 15 years.
Prior Convictions
A prior record does not turn a Florida assault into a felony. Nothing in Florida Statute 784.011 or Florida Statute 784.021 grades the offense by criminal history, and the habitual offender statute, Florida Statute 775.084, only enhances the sentence for a felony a defendant is already convicted of. It cannot convert a misdemeanor into a felony. A record still matters at sentencing and to repeat offender designations on any felony count.
The rule people are thinking of applies to battery, not assault. Under Florida Statute 784.03(2), a person with one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence under Florida Statute 843.01 who commits any second or subsequent battery commits a third-degree felony. One prior is enough, and the statute counts a withhold of adjudication as a conviction. There is no matching provision for assault anywhere in chapter 784.
Victim Status
Assault on a protected person is not automatically a felony. Under Florida Statute 784.07(2)(a), an assault on a law enforcement officer, firefighter, emergency medical care provider, hospital personnel, public transit employee or other listed personnel engaged in official duties is reclassified from a second-degree misdemeanor to a first-degree misdemeanor, which carries up to 1 year in jail. It becomes a felony only when the underlying charge is aggravated assault: Florida Statute 784.07(2)(c) reclassifies that from a third-degree to a second-degree felony and requires a minimum term of 3 years in prison.
Florida Statute 784.08 works the same way for a person 65 years of age or older: assault is reclassified to a first-degree misdemeanor under 784.08(2)(d), and aggravated assault to a second-degree felony under 784.08(2)(b), with a 3-year minimum term under 784.08(1). Age applies whether or not the defendant knew it. Chapter 784 has no assault reclassification for disabled adults or for pregnant victims; the pregnancy provision, Florida Statute 784.045(1)(b), applies to aggravated battery only.
Legal Consequences of Felony Assault Charges
Felony assault charges in Florida carry severe legal consequences that can have long-lasting impacts on an individual's life.
Potential Penalties
For aggravated assault, typically a third-degree felony, the maximum penalties include up to 5 years in prison and a fine of up to $5,000. More serious charges, such as aggravated battery resulting in great bodily harm, can lead to up to 15 years in prison and fines of up to $10,000.
Aggravated assault standing alone carries no mandatory minimum. Chapter 2016-7, Laws of Florida, removed aggravated assault from the 10-20-Life statute, Florida Statute 775.087(2). Mandatory minimums for aggravated assault now come from the victim-status statutes: 3 years under Florida Statute 784.07(2)(c) for a law enforcement officer or other listed personnel, and 3 years under Florida Statute 784.08(1) where the victim is 65 or older.
Long-term Consequences
Beyond immediate legal penalties, a felony assault conviction can have far-reaching effects. A felony record can significantly impact an individual's employment opportunities, as many employers hesitate to hire individuals with felony convictions. Additionally, a felony conviction can affect professional licenses, gun ownership rights, and even the ability to travel internationally.
Housing options can also be restricted, as landlords often conduct background checks and may deny applications from those with felony records. Additionally, a felony conviction in Florida results in the loss of voting rights, although recent changes in state law have created a path for rights restoration for some felons.
Importance of Legal Representation in Assault Cases
The difference between 60 days and 5 years usually turns on one contested fact, most often whether the object involved was a deadly weapon or whether the fear the statute requires was well founded.
Experienced attorneys employ various defense strategies in assault cases. These may include challenging the evidence, negotiating for reduced charges, or arguing for alternative sentencing options.
In assault cases, specific strategies might include claiming self-defense, challenging the "imminent fear" element of the assault charge, or disputing the classification of an object as a deadly weapon.
Charging decisions in assault cases are made early, often at the filing stage before an information is ever served. That is the window in which a defense lawyer can present facts to the prosecutor that keep a case at Florida Statute 784.011 rather than 784.021.
Speak To An Attorney About Your Assault Charges
The consequences of a felony assault conviction are severe and long-lasting, affecting not only one's immediate freedom but also future opportunities and rights. Given the complexity of assault charges and the high stakes involved, having an experienced attorney defending your rights can make a major difference in the outcome of your case.
The criminal defense attorneys at Weinstein Legal Team handle misdemeanor assault and aggravated assault cases in courts across Florida, from first appearance through trial.
Our attorneys are available 24/7 to discuss your charges and start fighting on your behalf. Call us at 888.626.1108 to speak with an attorney right away, or click here to schedule your free case review now.
