Florida Assault Penalties (2026)
Simple assault and aggravated assault charges charges in Florida: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing assault charges in Florida, consult a licensed Florida criminal defense attorney.
Florida Assault Penalties
| Offense | Penalty |
|---|---|
| First Offense | 2nd degree misdemeanor: up to 60 days jail, $500 fine |
| Second Offense | 1st degree misdemeanor or 3rd degree felony: up to 5 years |
FL Stat. §784.011; aggravated assault is 3rd degree felony
Assault Statute of Limitations in Florida
In Florida, the statute of limitations for assault is generally 3 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Florida.
Defending Against Assault Charges in Florida
Common defenses in Florida assault cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a Florida criminal defense attorney for advice.
Related Florida Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication