§ 784.011. Assault.

The crime of Assault is a Second Degree Misdemeanor in Florida which is punishable by up to a 60 days in the county jail and a $500.00 fine. If convicted a person could also receive probation or some combination of jail and probation for up to six months.

The offense of Assault occurs when a person:

  1. Intentionally and unlawfully threatens, either by word or act, to do violence to another.
  2. At the time, of the threat or act the person appeared to have the ability to carry out the threat.
  3. The words or acts created in the mind of the victim a well-founded fear that the violence was about to take place.

Defenses to Misdemeanor Assault

Some of the defenses to Misdemeanor Assault are:

  • Self-Defense
  • Defense of Others
  • Absence of Intent  1.
  • No present apparent ability to carry out the alleged threat. 1.
  • A Threat into the Future
  • Stand Your Ground
  • Absence of a well-founded fear on the part of the alleged victim. 1. 2.
  • A Conditional Threat

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney
Glenn M. Swiatek

Free Initial Consultation

Contact our office immediately at (850) 609‑0940 or send this form if you have been arrested, or believe you will soon be arrested, for the offense of Simple or Misdemeanor Assault in Northwest Florida.

Initial Office Consults are free, and I will make myself available to suit your schedule.

Call Today for an attorney with over twenty-three years of criminal law experience and get the peace of mind that an experienced attorney can bring when charged with Simple or Misdemeanor Battery.


    Johnson v. Brooks. 567 So. 2d 34 (Fla. 1st DCA 1990).

    Battles v. State. 288 So. 2d 573  (Fla. 2nd DCA 1974).