Assault
Arrest exception may applyAn 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
Verified against the 2026 Florida Statutes: September 13, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Domestic violence / dating violence
Required facts
- Probable cause for domestic violence as defined in §741.28 OR dating violence under §784.046.
- Establish the qualifying conduct AND the relationship required by the applicable definition.
Limits & qualifications
- Establish the applicable relationship and qualifying conduct; ordinary non-domestic assault is not automatically covered.
- Victim consent is not required; the statute discourages dual arrests.
Authority
Assault on specified persons / receiving-facility staff
Required facts
- Probable cause for assault upon a specified person under §784.07, with the applicable status and duty requirements; OR
- Probable cause for assault OR battery upon a receiving-facility employee engaged in lawful duties.
Limits & qualifications
- Confirm protected status and the offense-specific duty requirements; not every assault qualifies.
Authority
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 in Furtherance of Riot or Aggravated Riot
F.S. § 784.011(3)
Assault committed in furtherance of a riot or aggravated riot is elevated from a second-degree misdemeanor to a first-degree misdemeanor.
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
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
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 2AND — Required
The State must prove all of the following
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 3AND — Required
The State must prove all of the following
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.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.1
Assault
Florida Standard Jury Instruction for F.S. § 784.011.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important 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.