In Florida, simple assault is generally charged as a misdemeanor, but certain circumstances—such as using a deadly weapon, threatening serious harm, or targeting a protected individual—can elevate the offense to a felony. The difference between a misdemeanor and a felony assault charge can dramatically impact your freedom, reputation, and future. For anyone accused of assault in Palm Beach County, the stakes are high, and understanding the law is essential before taking your next step.
At The Skier Law Firm, P.A., we have spent decades defending individuals charged with assault throughout West Palm Beach. This guide will help you understand how Florida classifies assault and why immediate legal representation is crucial.
What Florida Law Considers “Assault”
Under Florida Statute § 784.011, assault is defined as:
- An intentional, unlawful threat—through words or actions—to commit violence,
- Coupled with the apparent ability to carry out that threat, and
- An act that creates a well-founded fear in another person that violence is imminent.
This is important: no physical contact is required for an assault charge. Raising a fist, pointing a weapon, or advancing toward someone aggressively while issuing a threat may all qualify as assault under Florida law.
Battery, on the other hand, involves actual physical contact. Many people confuse the two, but the law treats them differently and punishes them separately. Understanding the difference is essential because a person may face one charge—or both—depending on the circumstances of an incident.
Is Simple Assault a Felony or a Misdemeanor in Florida?
Simple Assault: A Second-Degree Misdemeanor
In Florida, most basic assault charges fall under the category of simple assault, which is a second-degree misdemeanor. This is the lowest level criminal charge in the state, but a conviction still has significant consequences.
Potential Penalties for Simple Assault
A second-degree misdemeanor in Florida carries:
- Up to 60 days in jail
- Up to 6 months of probation
- A fine of up to $500
- A permanent criminal record
Even without prison time, the record alone can affect employment, licensing, immigration status, and background checks. The Skier Law Firm, P.A. frequently defends individuals facing misdemeanor charges and helps them navigate the complex criminal process.
When Assault Becomes a Felony in Florida
Assault becomes a felony when specific aggravating factors are present. These factors elevate the seriousness of the offense and increase the potential penalties dramatically.
1. Aggravated Assault (Third-Degree Felony)
The most common felony form of assault is aggravated assault, defined under Florida Statute § 784.021. This involves:
- An intentional threat of harm, AND
- The use of a deadly weapon without intent to kill, OR
- Intent to commit another felony during the assault.
Examples of Deadly Weapons Include:
- Firearms
- Knives
- Vehicles used aggressively
- Blunt objects
- Any item used in a way capable of causing serious injury
Penalties for Aggravated Assault (Third-Degree Felony)
Convictions may include:
- Up to 5 years in prison
- Up to 5 years of probation
- A fine up to $5,000
- Permanent felony conviction
Even though aggravated assault does not require the alleged victim to be physically injured, the presence of a weapon or the intent to commit another felony greatly increases the penalty.
Skier Law Firm, P.A. has represented clients in both misdemeanor and felony assault cases, as well as high-stakes cases involving weapons, threats, and complex factual disputes. Our experience in state and federal courtrooms—including cases involving violent federal allegations.
2. Assault on Protected Persons (Reclassified Felony)
Florida law gives extra protection to certain individuals. When the alleged victim falls into one of these categories, an assault charge—simple or aggravated—can be reclassified to a more serious offense.
Protected categories include:
- Law enforcement officers
- Firefighters
- EMTs and paramedics
- Correctional officers
- Judges
- State attorneys
- Public transit workers
- Hospital emergency personnel
- Elderly individuals
- School employees
- Certain public officials
How Reclassification Works
- Simple assault becomes a first-degree misdemeanor
- Aggravated assault becomes a second-degree felony
- Mandatory minimum sentences may apply
A second-degree felony carries up to 15 years in prison, making these among the most serious non-homicide offenses in Florida’s assault statute categories.
3. Assault Involving Firearms (Mandatory Minimum Enhancements)
Florida has extremely strict firearm laws, including the well-known 10-20-Life statute. If a firearm is used, displayed, or discharged during an assault, the offense may carry:
- Mandatory minimum prison time
- Long-term felony sentencing
- Enhanced penalties beyond the statutory maximums for simple aggravated assault
Even if no one is injured, the mere presence or display of a firearm can increase the sentencing level significantly. Cases involving firearms often require immediate and strategic legal defense because of these mandatory sentencing requirements.
4. Assault in Furtherance of a Riot
Following legislative changes in Florida, certain assault arrests connected to protests, disturbances, or riots may also be enhanced. If prosecutors allege that the assault was committed “in furtherance of a riot,” the charge can automatically rise from a second-degree misdemeanor to a first-degree misdemeanor, and associated battery charges may become felonies.
Although this category is less common, it creates unique legal challenges. These cases often involve contested facts, video footage, witness credibility issues, and important First Amendment considerations.
Assault vs. Battery: Why the Distinction Matters
Many individuals charged with assault believe the charge is unfair or incorrect because no physical harm occurred. However, Florida law draws a firm distinction between “assault” and “battery.”
Assault = Threat
- No physical contact required
- Focus on fear, intent, and immediate threat
Battery = Physical Contact
- Unwanted or intentional touching
- Can be a misdemeanor or felony depending on injuries, weapons, or victim
Why It Matters
- You can be charged with assault, battery, or both, depending on the prosecutor’s interpretation.
- Penalties differ greatly.
- Defenses differ greatly.
- Criminal exposure increases when multiple charges are filed.
Cases involving overlapping assault and battery allegations require strategic, fact-driven defense work—something The Skier Law Firm, P.A. has built its reputation throughout West Palm Beach.
Possible Consequences of an Assault Conviction
Whether charged as a misdemeanor or felony, an assault conviction brings more than the immediate sentence. Many individuals do not realize the full impact until it is too late.
Long-Term Consequences May Include:
- A lifelong criminal record
- Loss of civil rights (for felony convictions)
- Difficulty securing employment or promotions
- Housing restrictions
- Immigration complications for non-citizens
- Barriers to professional licensing
- Inability to possess firearms
- Social stigma and reputational damage
In many cases, these collateral consequences are more damaging than the actual court-ordered penalties. This is why skilled criminal defense representation is critical from the moment of the arrest.
How Prosecutors Decide Between a Misdemeanor and a Felony
Prosecutors in Palm Beach County evaluate multiple factors when determining how to file assault charges. These may include:
- Whether a weapon was present
- Whether the alleged victim was a protected individual
- The words used during the confrontation
- Whether the accused moved toward or gestured at the alleged victim
- The accused’s prior criminal history
- Whether drugs or alcohol were involved
- Evidence such as witness statements, surveillance footage, or 911 calls
- Whether intent can be proven beyond a reasonable doubt
Sometimes, a simple misunderstanding or heated argument becomes a criminal charge. Other times, an arrest is the result of exaggerated or false allegations. Each case is deeply fact-specific, and determining whether a charge is a misdemeanor or a felony often comes down to details.
Defending Against Assault Charges in Florida
Because assault charges rely heavily on perception, fear, and intent, the defense strategy often focuses on challenging:
- The credibility of the alleged victim
- The accuracy of the police report
- Whether an actual threat was made
- Whether fear was reasonable
- Whether the accused had the ability to carry out the threat
- Possible self-defense or defense-of-others arguments
- The presence of weapons or items claimed to be weapons
At The Skier Law Firm, P.A., we have handled every type of assault case—from minor disputes to high-profile allegations involving weapons, public officials, and felony enhancements. Every defense begins with a deep investigation into the facts and a clear understanding of the prosecution’s strategy.
Why Assault Charges Are Particularly Serious in Palm Beach County
Palm Beach County prosecutors aggressively pursue violent-crime allegations—including assault, aggravated assault, and domestic-violence-related threats—due to public-safety priorities. Even first-time offenders may face strict sentencing, high bonds, or restrictive pretrial conditions.
This is where experienced legal representation becomes crucial. Our firm has spent decades defending clients in West Palm Beach and surrounding communities and understands how local prosecutors and judges handle these cases. We also know how to position cases early for reductions, dismissals, or alternative resolutions when appropriate.
Conclusion
Assault charges in Florida range from minor misdemeanors to life-changing felonies. The difference often comes down to a handful of critical facts—facts that may be misunderstood, exaggerated, or misrepresented. A single accusation can jeopardize your job, your freedom, and your reputation for years to come.
If you or someone you care about has been arrested or is under investigation for assault in Palm Beach County, you do not have to navigate this alone. The Skier Law Firm, P.A. has decades of experience defending individuals against misdemeanor and felony assault charges, and we fight relentlessly to secure the best possible outcome.
To schedule a confidential consultation, contact us at (561) 264-6362 or visit our contact page today.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.