Simple assault under Florida Statute 784.011 is a threat — no touching required — and it is only a second-degree misdemeanor, maximum 60 days in jail. Add a deadly weapon, or an intent to commit a felony, and the same threat becomes aggravated assault under 784.021: a third-degree felony carrying up to 5 years. On court paperwork you will see these as ASSLT (F.S.S. 784.011) and AGG ASSLT (F.S.S. 784.021).
What the State must prove
Assault has three pieces under § 784.011(1): an intentional, unlawful threat by word or act to do violence; an apparent ability to carry it out; and some act creating a well-founded fear that violence is imminent. Touching is not an element — touching is battery, a different statute. Aggravated assault under § 784.021(1) is that same assault either (a) with a deadly weapon without intent to kill, or (b) with intent to commit a felony.
The penalty ladder
- Assault — second-degree misdemeanor: up to 60 days jail, $500 fine.
- Assault in furtherance of a riot — first-degree misdemeanor: up to 1 year, $1,000 (§ 784.011(3)).
- Aggravated assault — third-degree felony: up to 5 years prison, $5,000 fine (§ 784.021(2)); committed in furtherance of a riot, it is ranked one sentencing level higher (§ 784.021(3)).
The detail most people miss
The deadly-weapon prong says “without intent to kill” — the State never has to prove you meant to harm anyone, only that you threatened with the weapon. But here is the practitioner’s counterweight: aggravated assault no longer appears on the minimum-mandatory firearm list in s. 775.087(2), and because use of a weapon is an essential element of the charge, the felony cannot be reclassified upward under s. 775.087(1) either. This is so because the Legislature took aggravated assault off the 10-20-Life list — a fact that changes plea math in every waving-a-gun-in-traffic case.
Charged with assault or aggravated assault in Polk, Highlands, or Hardee County? Call (863) 774-4556 for a free consultation, or send us a message. Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 784.011 and Fla. Stat. § 784.021 (official Florida Statutes).
Legally reviewed by Tonmiel Rodriguez · Last reviewed July 2026
Tonmiel Rodriguez is a criminal defense attorney in Bartow, Florida, and is Board Certified in Criminal Trial Law by The Florida Bar. If you are facing a charge of assault or aggravated assault in Polk, Highlands, or Hardee County, call The Rodriguez Law Office at (863) 774-4556.