Florida criminal charge
Assault in Florida
Assault is a criminal offense under Florida law, defined by Fla. Stat. § 784.011. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 784.011.
What is the penalty for assault in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Simple assault — Applies to assault generally, except where committed in furtherance of a riot or aggravated riot under s. 870.01.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Simple assault — Applies to assault generally, except where committed in furtherance of a riot or aggravated riot under s. 870.01.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Assault in furtherance of riot or aggravated riot — Applies when the assault is committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Assault in furtherance of riot or aggravated riot — Applies when the assault is committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is assault classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Simple assault | Misdemeanor of the Second Degree | Applies to assault generally, except where committed in furtherance of a riot or aggravated riot under s. 870.01. | Fla. Stat. § 784.011(2) |
| Assault in furtherance of riot or aggravated riot | Misdemeanor of the First Degree | Applies when the assault is committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01. | Fla. Stat. § 784.011(3) |
Common questions about assault in Florida
Is assault a felony or a misdemeanor in Florida?
It depends on the circumstances: assault ranges from a Misdemeanor of the Second Degree to a Misdemeanor of the First Degree in Florida under Fla. Stat. § 784.011.
Simple assault: Misdemeanor of the Second Degree (Fla. Stat. § 784.011(2)) · Assault in furtherance of riot or aggravated riot: Misdemeanor of the First Degree (Fla. Stat. § 784.011(3))
What are the penalties for assault in Florida?
Penalties for assault in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Misdemeanor of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers assault?
Assault is governed by Fla. Stat. § 784.011 (Assault).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.