Assault
An intentional unlawful threat by word or act to do violence to another person under circumstances creating a well-founded fear that the violence is imminent.
Florida Statute
§ 784.011
Assault
Quick Summary
Assault does not require physical contact. It generally involves an intentional unlawful threat, an apparent ability to carry it out, and conduct creating a well-founded fear of imminent violence.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Simple Assault
F.S. § 784.011
An intentional and unlawful threat by word or act, with apparent ability to carry it out, creating a well-founded fear that violence is imminent.
Assault — Domestic Violence Designation
F.S. §§ 784.011; 741.28(2)
A simple assault committed by one family or household member against another. Domestic violence is a statutory designation; this record does not independently reclassify the simple-assault degree.
Assault on Specified Protected Personnel
F.S. § 784.07(2)(a)
Knowingly assaulting a covered law-enforcement, fire-rescue, hospital, transit, security, utility, or other person listed in the statute while that person is performing official duties.
Assault on Person 65 or Older
F.S. § 784.08(2)(d)
Assaulting a victim 65 years of age or older. Knowledge of the victim's age is not required for this reclassification.
Assault on Specified Official or Employee
F.S. § 784.081(2)(d), (3)
Assaulting a covered school, education, sports, child-welfare, or health employee or official while knowing or having reason to know the victim's identity or position; sports-official timing limits apply.
Detained Person Assaulting Visitor or Detainee
F.S. § 784.082(4)
A detained person assaulting a detention-facility visitor or another detainee.
Assault on Sexually Violent Predator Facility Staff
F.S. § 784.074(1)(d)
Assaulting covered detention or commitment facility staff while the staff member performs lawful duties, with knowledge or reason to know the person's identity or employment.
Assault on Code Inspector
F.S. § 784.083
Assaulting a code inspector while the inspector performs official duties, with knowledge or reason to know the victim's identity or employment.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Standard Assault
Florida Statute § 784.011(1)-(2)
Standard Assault
Florida Statute § 784.011(1)-(2)
An intentional and unlawful threat by word or act, with an apparent ability to carry out the threat, creating a well-founded fear that violence is imminent.
Important Charge Note
Generally classified as a misdemeanor of the second degree under Florida Statute § 784.011.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant intentionally and unlawfully threatened, by word or act, to do violence to the victim.
Plain language: The defendant intentionally made an unlawful threat to commit violence.
- Element 2
At the time, the defendant appeared to have the ability to carry out the threat.
Plain language: The circumstances made it appear that the defendant could carry out the threatened violence.
- Element 3
The defendant's act created in the mind of the victim a well-founded fear that the violence was about to take place.
Plain language: The victim had a well-founded fear that the threatened violence was imminent.
Jury Instructions
Jury Instructions
Instruction 8.1
Assault
Florida Standard Jury Instructions in Criminal Cases. Verify the current instruction text before official use.
View Official InstructionImportant Definitions
Important Definitions
Threat
For purposes of the offense, assault involves an intentional and unlawful threat by word or act to do violence to another person.
Threat by Word or Act
An assault involves an intentional and unlawful threat made by word or act to do violence to another person.
Apparent Ability
The circumstances must include an apparent ability to carry out the threatened violence.
Well-Founded Fear
The conduct must create a well-founded fear in the other person that the threatened violence is imminent.
Additional Notes
Additional Notes
Quick Reference
Physical contact is not required for assault. The offense centers on an intentional unlawful threat and circumstances creating a well-founded fear of imminent violence.
Classification
Generally a second-degree misdemeanor under Florida Statute � 784.011, subject to applicable statutory exceptions.
Important
Always verify the current version of the Florida Statutes and the current Florida Standard Jury Instructions before relying on this information in an official or legal proceeding.
Official Source
Always review the current version of the Florida Statutes and applicable Florida Standard Jury Instructions before relying on this reference for an official legal proceeding.