Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

Read More
Client Testimonials
  • "We are very fortunate to have hired such a wonderful team!!" by A.K., Past Client
  • "I trust this law firm so much that I refer them friends and family. They are always there for you with advice and guidance." by A.S., Past Client
  • "I couldn't have asked for a better law firm!" by Anonymous (Google Review 2), Past Client
  • ""He’s who you want to talk to."" by Austin (2020), Past Client
  • "He took his time with my case and made sure to get me the best results." by David H., Past Client
  • "I have never felt so taken care of from an attorney. " by J. Burke, Past Client
  • "Without question, the best criminal defense attorney in Tallahassee." by J.P.M., Past Client
  • "Saved my life best lawyer ever!" by Jacob S., Past Client
  • "If you are looking for top-notch legal council either locally or abroad, look no further. Don Pumphrey and his staff will fight unremittingly for your your rights!" by Jeremy C., Past Client
  • "I was referred to Mr. Pumphrey’s law firm through a mutual friend who spoke highly of him. At no surprise, he came through for me in a huge way. He was effective and efficient. If you are in need of a top notch lawyer that gets the job done, Don Pumphrey is who you need!" by Jonathan C., Past Client
  • "I would challenge anyone to find a more experienced, knowledgeable and result oriented criminal defense attorney anywhere" by Jonathan E., Peer
  • "He helped me to not only get through my court case, he also helped me put it behind me so that I may continue to move forward with my life. If you choose him to represent you, he will NOT let you down. " by Kevin M., Past Client
  • "You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
  • " I am very grateful for their help and would recommend contacting them for your legal troubles" by L.C., Past Client
  • "They were there for me every step of the way and I never felt like just another case to them." by Lauren J., Past Client

Misdemeanor Assault

Violent crime lawyer in Tallahassee

Sometimes emotions can get the best of anyone. At that moment, you might say or do something that you never intended. Under Florida law, even a threat to hurt another person can sometimes be charged as an assault. The misdemeanor crime of simple assault deals with the intentional and unlawful threat of violence committed against another person. The offense even can be charged as a felony if a weapon was used during the assault.

Misdemeanor Assault Attorney in Tallahassee, FL

Facing allegations for any violent crime can be intimidating, even if it is a misdemeanor. It is important to understand what you are facing and how you can defend your rights. Contact the Tallahassee criminal lawyers at Pumphrey Law to find out more about potential defenses and what you need to do now to protect yourself against this serious crime of violence.

Our offices are located in Tallahassee in Leon County. We represent clients in Tallahassee in the surrounding communities including Crawfordville in Wakulla County, Bristol in Liberty County, Quincy in Gadsden County and Monticello in Jefferson County. Call (850) 681-7777 to schedule a free consultation..


Back to top

Misdemeanor Assault Information Center


Back to top

Misdemeanor Assault in Florida

A misdemeanor assault is the intentional act or threat, of violence on someone else, according to Florida Statutes § 784.011. The person engaging in the assault has to appear (to the alleged victim) able to commit the assault in the near future, and it has to actually cause fear of danger in the victim of the assault.

In Florida, an assault offense does not have to include actual physical touching of another person. However, if a person uses a weapon, including a firearm, and does cause injury, it could be charged as aggravated assault.


Back to top

Increased Assault Classifications

Simple assault charges could be increased in some situations. A person who knowingly assaults someone of a certain profession or age group can receive increased assault charges. the most common example is, if a person assaults a member of law enforcement, the penalties can be increased.

This means if a person was initially charged with a misdemeanor of the second-degree assault offense, his or her charges likely would be increased to a misdemeanor of the first degree. Some of the classified groups of people include:

  • Law enforcement officers;
  • Firefighters;
  • Paramedics;
  • Elected officials;
  • Public transit employees;
  • Parole officers;
  • Probation officers;
  • School officials;
  • Sports officials, such as referees;
  • Code inspectors; and,
  • People 65 or older

The Florida Statute for assault on a law enforcement officer was adopted in 1981. It provides for certain felony punishments and penalties. The statute covers certain alleged victims of assault including local, state or federal law enforcement officers, probation officers, correctional officer, emergency medical care providers, firefighters and several other classifications.

The prosecutor must be able to prove the defendant knew the alleged victim was an officer, security guard, firefighter, emergency care provider or other covered person and the victim was engaged in the lawful performance of his or her duties.

The offense of committing an assault on a person who is over the age of 65 years old also is punishable as a felony. The elements of the offense are the same as misdemeanor assault except that it must also be proven that the alleged victim was over the age of 65 years old.


Back to top

Penalties for Simple Assault in Tallahassee

A conviction for a misdemeanor assault offense can result in a misdemeanor of the second degree. In Florida, this is punishable by up to 60 days in jail, a fine up to $500 or both. A conviction for a misdemeanor of the first-degree assault generally is punishable by up to one year in jail, a fine up to $1,000 or both.

First-time first degree and second degree misdemeanor offenders often are eligible for placement on probation or community supervision. However, a violation of probation could lead to more penalties. An assault defense attorney in Tallahassee can help you figure out the best option in your case.


Back to top

Additional Assault Resources

  • Florida’s Assault Statute
    Read more about the legislative language surrounding this offense on the Florida Legislature’s official website.
  • Wikipedia on Assault Charges
    Read more about general provisions for the crime of assault throughout the United States, including statistic and stories. This article also includes information on general defenses to assaults including consent, prevention of a crime, self-defense and defense of property.

Back to top

Finding an Attorney for Assault Crimes in Tallahassee, FL

Just because you have been charged with a criminal offense does not mean you will be convicted. An experienced violent crime defense lawyer can use the evidence surrounding your case and investigation failures to fight for a favorable outcome. Call (850) 681-7777 to schedule a free case evaluation.

Our attorneys are experienced in fighting a variety of violence crimes including battery, robbery, and sexually motivated offenses in Florida. Let us put our experience to work for you.


This article was last updated on March 23, 2021.

Back to Top