Simple Assault vs. Aggravated Assault in Florida

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, aggravated assault (Fla. Stat. 784.021) and simple assault (without aggravating factors under Fla. Stat. 784.011) are similar offenses. However, there are also key differences between them. This blog will compare and contrast the crimes of aggravated assault and assault (simple assault) in Florida.

Assault in Florida

Assault is defined as an intentional, unlawful threat by word or act to do violence to another person – coupled with an apparent ability to carry out that threat, creating a well-founded fear of imminent violence in the victim.

For someone to be proven guilty of assault in Florida, the following must be established beyond a reasonable doubt:

• The defendant intentionally and unlawfully threatened, by word or act, to do violence to the victim
• The defendant had the apparent ability to carry out the threat at the time it was made
• The threat created a reasonable fear within the victim that violence was imminent (or would have created that fear in a reasonable victim)

The “well-founded fear” requirement of Florida’s assault statute does not require that the victim developed a subjective fear of imminent violence – only that the actions taken by the defendant were sufficient to create such a well-founded fear. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020).

Assault in Florida is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. If the assault is done in furtherance of a riot or aggravated riot, it is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine. 

If an assault is committed against any of the following, it is a first-degree misdemeanor under Fla. Stat. 784.07:

• Law enforcement officers
• Firefighters
• Emergency medical care providers
• Public transit employees and code inspectors
  Traffic accident investigation officers
• Parking enforcement officers
• Persons aged 65 or older

Assault is often confused with battery. The distinction between these offenses is that assault involves a threat of an unlawful contact, whereas battery involves such a contact actually occurring.

Examples of simple assault in Florida may include:

• Bob intentionally raises his fist and declares he’s going to “punch” Alice –  Alice recoils in fear but Bob ultimately does not punch her
• Sarah raises her hand as if she is about to slap Jen during an argument and begins to swing towards her, causing her to jump back
• A man shouts “I’ll break your jaw right now” and steps towards someone menacingly, causing them to retreat, but no actual contact occurs

Examples of actions that are not considered assault under Fla. Stat. 784.011 may include any of the following:

• Lisa says, “If you don’t stop that, I may hit you tomorrow” (no imminent threat)
• Tom jokes, “I should knock you out for that” with a friend while laughing (no serious threat that would create a well-founded fear of violence)
• Kelly texts someone across the country that she wants to beat them up (no imminent threat/ability to carry it out)

Defenses to assault may include any of the following:

• Lack of intent: If someone did not intend to threaten someone with an imminent unlawful violent contact, this is not assault (requires the threat to be deliberate)
• No apparent ability to carry out the threat (such as someone being located 100 miles away)
• No reasonable fear: The alleged threat did not put the victim in a reasonable fear of imminent harm
• False accusation
• Self-defense or defense of others: Florida law permits someone to use or threaten to use force (including deadly force) if this is a reasonable and proportionate response to a threat of death/great bodily harm to themselves or others. If a threatening gesture that may otherwise constitute assault was a reasonable response to such a threat, this can be a viable defense
• Conditional or future threat: If the threat of violence was not imminent (such as threatening violence “the next time I see you”) this is not assault

Aggravated Assault

Aggravated assault (Fla. Stat. 784.021) has many similarities to simple assault. Assault is a necessarily lesser-included offense of aggravated assault – meaning the elements of assault are entirely subsumed by the elements of aggravated assault. If someone is charged with aggravated assault, arguing that the alleged offense was simple assault can radically change the potential criminal liability someone faces.

There are two types of aggravated assault under Florida law: 

• Aggravated assault with the use of a deadly weapon but without intent to kill
• Aggravated assault with the intent to commit a felony

For aggravated assault to occur in Florida, the State must prove all of the following beyond a reasonable doubt:

• The defendant intentionally and unlawfully threatened (by word or act) to do violence to the victim
• The defendant had the apparent ability to carry out the threat
• The threat was of such a nature as to create a reasonable, well-founded fear of imminent violence
• The assault involved the use of a deadly weapon (gun, knife, dirk, etc.) without the intent to kill the victim or the assault was done with the intent to commit a separate felony

Aggravated assault (of either type) is a third-degree felony. It is punishable by up to 5 years in prison and a $5,000 fine. If done in furtherance of a riot or aggravated riot, aggravated assault is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

If aggravated assault is committed against any of the following, it is considered a second-degree felony:

• Law enforcement officers and firefighters
• Emergency medical care providers
• Public transit employees and code inspectors
  Traffic accident investigation officers
• Parking enforcement officers
• Persons aged 65 or older

A deadly weapon is considered any instrument that was used in a manner likely to cause death or great bodily harm during a crime. This can include firearms (but not usually antiques), knives, or even something like a beer bottle if someone is hit over the head with it. Cloninger v. State, 846 So.2d 1192 (Fla 4th DCA 2003)

Some examples of events that may constitute aggravated assault with a deadly weapon under Florida law may include:

• During an argument, Mark pulls out a knife and says he’ll stab another patron at a bar
• During a road rage incident, Robert produces a gun and threatens to shoot another driver “if he doesn’t leave right now”
• A 30-year-old man raises a baseball bat and threatens to “bash the brains in” of a 70-year-old while waving the bat in his direction and approaching (second-degree felony due to elderly victim)

Examples of aggravated assault with intent to commit a felony may include:

• Marcus puts his hand in his jacket pretending to have a gun and demands a victim give him his wallet (robbery) or he’ll “shoot him”
• John corners a victim in an alley, moves towards them and threatens to “rape” them (sexual battery), but then flees when someone spots him
• A man pulls up to the side of the street and starts towards a child, threatening to “take him away forever” if the child doesn’t get in his car (kidnapping)

If someone is accused of aggravated assault, various defenses are available. These may include any of the following:

• Self-defense: Florida’s Stand Your Ground law (Fla. Stat. 776.012 and Fla. Stat. 776.032) is a total defense to aggravated assault if a defendant had the legal right to where they were and had a reasonable belief that the use or threatened use of deadly force was necessary to prevent death or great bodily harm to themselves or others
• Lack of intent to threaten
• No apparent ability to carry out the imminent threat
• No reasonable fear of imminent harm 
• Lack of a deadly weapon: Though Cloninger provides a broad definition, certain objects (like a plastic fork) are unlikely to ever be considered deadly weapons because of their incapability of inflicting death or great bodily harm
• Conditional threat: The threat was conditional or vague (“If you do this, I will hurt or kill you”)
• No intent to commit an underlying felony, only a misdemeanor (if the assault was done with the intent to commit a misdemeanor, such as telling a store clerk to back off so someone could take a pack of gum, this is not aggravated assault)
• False allegations/mistaken identity or alibi

Differences between Simple and Aggravated Assault in Florida

Given the above, various differences exist between aggravated assault and simple assault in Florida. These include:

• Nature of the act: Though both involve an unlawful threat of imminent violence coupled with the apparent ability to carry it out, simple assault does not involve the use of a deadly weapon or the intent to commit an underlying felony
• Severity of the charge: Simple assault is a second-degree misdemeanor (enhanceable to first-degree), aggravated assault is a third-degree felony (enhanceable to second-degree)

Moreover, aggravated assault (if a firearm is involved) has the potential to trigger Florida’s 10-20-Life law. Though aggravated assault that involves simply carrying or brandishing a firearm does not trigger a mandatory minimum sentence in Florida (as of 2016), discharging a firearm during the aggravated assault triggers a 20-year mandatory minimum prison term.

In sum, assault and aggravated assault are two similar yet distinct offenses in Florida. Assault involves an intentional, unlawful threat of a violent contact coupled with the apparent ability to carry it out. It is punishable by up to 60 days in jail as a second-degree misdemeanor, and up to 1 year in jail as a first-degree misdemeanor with certain victims (police officers, elderly, etc.).

Aggravated assault is a more serious form of assault under Fla. Stat. 784.021, and involves a threat of an imminent, unlawful and violent contact with the use of a deadly weapon without intent to kill or with the intent to commit a separate felony. Aggravated assault is a third-degree felony punishable by up to 5 years in prison – and a second-degree felony punishable by up to 15 years with certain victims (police officers, elderly, etc.).

Defenses to these two offenses largely overlap and include self-defense, defense of others, lack of an unlawful threat, lack of apparent ability to imminently carry out the alleged threat, false allegations, and more. One or more of these may be applicable depending on the facts of a given case.

Aggravated assault and simple assault are very serious charges in Florida that can carry lengthy prison sentences and heavy financial penalties. If someone is charged, it is vital to find experienced and aggressive legal representation as soon as possible. 

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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