Florida Statutes

Fla. Stat. § 784.011 (2025)

Assault.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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784.011 Assault.—

(1) 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.

(2) Except as provided in subsection (3), a person who assaults another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who assaults another person in furtherance of a riot or an aggravated riot prohibited under s. 870.01 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224; s. 4, ch. 2021-6.

Note.—Former s. 784.02.

Arrestable Offenses under F.S. 784.011

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§784.011(1)SIMPLE ASSLTINTENT THREAT TO DO VIOLENCEM · 2nd

§784.011(3)SIMPLE ASSLTASSAULT IN FURTHERANCE RIOT OR AGG RIOTM · 1st

§784.011SIMPLE ASSLTRENUMBERED. SEE REC # 9422M · 2nd

Notes of Decisions

Cited in 255 cases (29 in the last 5 years), 1975–2026 · leading case: Pinkney v. State, 74 So. 3d 572 (Fla. 2d DCA 2011).

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Pinkney v. State, 74 So. 3d 572 (Fla. 2d DCA 2011). · cites it 14× “" [2] In reaching the conclusion that section 784.011 required the State to prove that the defendant had the intent to do violence, Shorette relied on Russell v.”

United States v. Isaac Seabrooks, 839 F.3d 1326 (11th Cir. 2016). · cites it 2× “” Fla. Stat. § 784.011 (1). And, “[t]he fear contemplated by the statute is the fear of death or great bodily harm.”

United States v. Warren Travis Golden, 854 F.3d 1256 (11th Cir. 2017). · cites it 2× “” [ Fla. Stat. § 784.011 ] (emphasis supplied).”

State v. Hackley, 95 So. 3d 92 (Fla. 2012). · cites it 4× ““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.”

Michael Turner v. Warden Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013). · cites it 2× “” Fla. Stat. § 784.011 . 5 Though we technically examine the statute as it existed at the time of the relevant conviction, for ease of access we cite throughout this opinion to the present statute, unless the statute or statutes of conviction have been revised in relevant part…”

Salazar v. State, 991 So. 2d 364 (Fla. 2008). · cites it 2× “" § 784.011(1), Fla. Stat. (2000). Similarly, "terror" is defined as "a state of intense fear," and to "terrorize" is "to coerce by threat or violence.”

United States v. Derwin Fritts, 841 F.3d 937 (11th Cir. 2016). “” Fla. Stat. § 784.011 (1). And, “[t]he fear contemplated by the statute is the fear of death or great bodily harm.”

Savino v. State, 447 So. 2d 411 (Fla. 5th DCA 1984). · cites it 10× “Utilization of the correct theory, a substantive analysis of the statutes and charges involved, reveals that these two offenses are as substantively different as are the offense of simple assault (§ 784.011, Fla. Stat. (1981)) and the offense of battery (§ 784.”

Torrence v. State, 440 So. 2d 392 (Fla. 5th DCA 1983). · cites it 4× “[12] Since the offense of simple assault (§ 784.011, Fla. Stat.) and the firearm offense (§ 790.”

United States v. Terin Moss, 920 F.3d 752 (11th Cir. 2019). · cites it 2× “at 1338 (quoting Fla. Stat. § 784.011 (1) ). Florida's assault statutes are distinguishable, however, from Georgia's assault statutes.”

Cambell v. State, 37 So. 3d 948 (Fla. 5th DCA 2010). · cites it 5× “The Second District Court after enumerating the statutory requirements set forth in section 784.011, Florida Statutes, stated that “[i]n order to establish an aggravated assault, the State must prove that the defendant had a specific intent to do violence to the person of…”

Benitez v. State, 901 So. 2d 935 (Fla. 4th DCA 2005). · cites it 4× “" Section 784.011, Florida Statutes (2004), defines an assault as "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…”

Show all 255 citing cases →

— 784.011(1) — 98 cases

Pinkney v. State, 74 So. 3d 572 (Fla. 2d DCA 2011). “" [2] In reaching the conclusion that section 784.011 required the State to prove that the defendant had the intent to do violence, Shorette relied on Russell v.”

State v. Hackley, 95 So. 3d 92 (Fla. 2012). ““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.”

Salazar v. State, 991 So. 2d 364 (Fla. 2008). “" § 784.011(1), Fla. Stat. (2000). Similarly, "terror" is defined as "a state of intense fear," and to "terrorize" is "to coerce by threat or violence.”

Suggs v. State, 72 So. 3d 145 (Fla. 4th DCA 2011).

Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994).

— 784.011(2) — 16 cases

Shieder v. State, 430 So. 2d 537 (Fla. 5th DCA 1983).

Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991).

Lebron v. State, 894 So. 2d 849 (Fla. 2005).

Chambers v. State, 975 So. 2d 444 (Fla. 2d DCA 2007).

Shova v. Eller, 606 So. 2d 400 (Fla. 2d DCA 1992).

— 784.011(3) — 1 case

Dream Defenders v. Desantis (N.D. Fla. 2021).

— 784.011(a) — 2 cases

M. M. v. State, 391 So. 2d 366 (Fla. 3d DCA 1980).

MM v. State, 391 So. 2d 366 (Fla. 1st DCA 1980).

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