In Florida, you can be arrested for assault without ever touching anyone. A heated argument in traffic, a threat shouted during a dispute with a neighbor, a raised fist in a bar — any of these can turn into criminal charges if someone tells police they feared they were about to be attacked. And when a weapon is allegedly involved, a moment of anger can become a felony carrying years in prison.

At Bozanic Law, we defend assault and aggravated assault charges throughout Fort Lauderdale, Broward County, and South Florida. Attorney Zeljka Bozanic is Board Certified in Criminal Trial Law — a credential held by fewer than 1% of Florida attorneys — and a former Miami-Dade prosecutor with 20 years of experience. She knows how thin the evidence in these cases often is: one person’s word, filtered through fear, anger, and sometimes outright motive to lie.

If you’ve been arrested or think you may be charged with assault in South Florida, get ahead of the case now. No panic — call Bozanic.

Quick Reference: Assault in Florida

What Is Assault Under Florida Law?

Many people use “assault” to mean a physical attack. Florida law is different: assault is a threat, not a touch. Physical contact is a separate crime — battery.

Under F.S. 784.011, an assault is:

“an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”

Breaking that down, the State must prove three things beyond a reasonable doubt:

1. An intentional, unlawful threat — by word or act — to do violence to another person;
2. An apparent ability to carry out the threat at the time it was made; and
3. A well-founded fear in the other person that violence was imminent.

Every element matters. Angry words alone, threats about the future (“one day you’ll get what’s coming”), or threats the speaker obviously couldn’t carry out do not satisfy the statute. And the alleged victim’s fear must be well-founded — objectively reasonable, not just claimed after the fact.

Simple Assault vs. Aggravated Assault

Simple Assault — F.S. 784.011

Simple assault is a second-degree misdemeanor, punishable by up to 60 days in jail, 6 months of probation, and a $500 fine. It is the least serious charge in Florida’s assault-and-battery family — but it still creates a criminal record involving a “violent” offense, which can haunt background checks for years.

Aggravated Assault — F.S. 784.021

An assault becomes aggravated assault, a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, when it is committed either:

• With a deadly weapon, without intent to kill — a firearm, knife, bottle, bat, or even a vehicle can qualify; or
• With intent to commit a felony.

The gap between these two charges is enormous — 60 days versus 5 years — and it often turns on a single disputed fact: whether an object was displayed, how it was used, and what was actually said. These are exactly the details a trial lawyer can fight over.

Enhanced and Reclassified Assault Charges

Florida law increases penalties when the alleged victim falls into certain protected categories. Under F.S. 784.07, an assault on a law enforcement officer, firefighter, or emergency medical provider is reclassified upward — simple assault becomes a first-degree misdemeanor, and aggravated assault becomes a second-degree felony with mandatory prison exposure. Similar enhancements apply to alleged victims who are 65 or older, school employees, and others. An assault committed in furtherance of a riot is likewise elevated.

Penalties for Assault in Florida

A conviction can also bring probation with anger-management conditions, no-contact orders that disrupt your home life, loss of firearm rights on felony charges, immigration consequences, and a violent-offense record that employers and landlords see.

Defense Strategies for Assault Charges

Self-Defense and Stand Your Ground

Florida law gives you the right to threaten or use force to defend yourself, others, or in certain circumstances your property. Many assault cases begin when the real aggressor calls 911 first. Florida’s Stand Your Ground law can support not just an acquittal but pretrial immunity from prosecution — a hearing where the case can be dismissed before trial.

The Threat Wasn’t Real, Imminent, or Possible

Conditional threats, hyperbole, and words spoken in anger are not assaults. Neither are threats made without any apparent ability to carry them out — a threat shouted from a moving car or across a fence line often fails the “imminent” requirement.

No Well-Founded Fear

The alleged victim’s fear must be objectively reasonable. If witnesses saw them laughing, advancing, or continuing the argument, the “fear” element crumbles.

False Accusations

Assault allegations are easy to make and hard to unmake. They surface constantly in divorces, custody disputes, roommate conflicts, and neighbor feuds. We dig into the accuser’s motive, inconsistencies, and history.

No Deadly Weapon

In aggravated assault cases, whether an object qualifies as a “deadly weapon” and how it was allegedly used are frequently contested — and can be the difference between a felony and a misdemeanor, or between prison and probation.

Why Choose Bozanic Law?

• Board Certified in Criminal Trial Law — recognized by The Florida Bar as an expert in criminal trial practice, a distinction fewer than 1% of Florida lawyers hold.
• Former Miami-Dade prosecutor — Zeljka Bozanic has charged, tried, and evaluated hundreds of assault cases from the State’s side of the courtroom.
• 20 years of experience in Broward, Miami-Dade, and Palm Beach county courts.
• Available 24/7 — with offices in Fort Lauderdale, Miami, and West Palm Beach.
• Thousands of cases handled with a track record of dismissals, reductions, and acquittals.

Frequently Asked Questions

What’s the difference between assault and battery in Florida?

Assault is a threat that puts someone in fear of imminent violence; battery is actual physical contact — touching or striking someone against their will. You can be charged with either one alone, or both together arising from the same incident.

Can I be convicted of assault if I never touched anyone?

Yes. Touching is not an element of assault. The State only needs to prove an intentional threat, apparent ability, and the victim’s well-founded fear of imminent violence. That is also why these cases are so defensible — they often rest entirely on one person’s account of words and gestures.

Is pointing a gun at someone aggravated assault in Florida?

It can be. Displaying or pointing a firearm during a threat is one of the most common bases for aggravated assault charges. Context matters enormously — including whether you acted in lawful self-defense — and firearm allegations raise the stakes dramatically. These cases demand experienced counsel immediately.

The alleged victim wants to drop the charges. Will the case go away?

Not automatically. In Florida, the State Attorney — not the alleged victim — decides whether to prosecute. A reluctant or recanting witness helps the defense, but the case can proceed without their cooperation. A defense lawyer can present the victim’s wishes to the prosecutor in the way most likely to end the case.

Can an assault charge be sealed or expunged later?

Possibly. If your case is dropped, dismissed, or resolved without an adjudication of guilt, you may qualify to seal or expunge the record. The best way to protect that option is to fight for the right outcome now — which is exactly what we aim for in every case.

Charged with Assault in Broward County?

One accusation should not define your future. Whether you’re facing a misdemeanor assault or a felony aggravated assault charge, Bozanic Law will scrutinize every element of the State’s case and fight for the best possible outcome. Contact us today for a free, confidential consultation — available 24/7 in Fort Lauderdale, Miami, and West Palm Beach.