Florida Misdemeanor Domestic Assault Defense Attorney

Domestic assault in Florida is a serious charge that can have lasting effect on your record. Many people are shocked to learn that mere words or threats can lead to a criminal case, especially when the alleged victim is a spouse, partner, or family member.

What Is Misdemeanor Domestic Assault in Florida?

In Florida, domestic assault is a type of simple assault under Florida Statute § 784.011, but it's classified as “domestic” based on the relationship between the accused and the alleged victim. If the alleged victim is a spouse, ex-spouse, family member, person living in the same household, or co-parent, the case will be handled as domestic violence under Florida Statutes § 741.28.

Legal Definition of Assault – Florida Statute § 784.011

To convict someone of assault, the State must prove:

1. The accused intentionally and unlawfully threatened, either by word or act, to do violence to the alleged victim;
2. At the time, (defendant) appeared to have the ability to carry out the threat.
3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.

Important: There does not need to be any physical contact or injury for a charge of assault.

How Can Words Alone Lead to a Domestic Assault Charge?

Because physical contact is not required, verbal threats or aggressive gestures can be enough for prosecutors to file charges—especially in domestic situations. Common scenarios include:

Examples of Misdemeanor Domestic Assault:

• A boyfriend blocks the doorway, yells aggressively, and makes fists, causing the partner to fear harm.
• An adult child threatens to hit a parent during a heated confrontation.
• A live-in partner raises a heavy object and threatens to throw it.

Penalties for Misdemeanor Domestic Assault

Domestic assault is a second-degree misdemeanor punishable by:

• Up to 60 days in jail
• Up to 6 months of probation
• A $500 fine
• Possible no-contact order with the alleged victim
• Loss of gun rights under federal law (even for a misdemeanor domestic violence conviction)
• Ineligibility to seal your record even if no conviction

Defenses to Misdemeanor Domestic Assault Charges

1. Self Defense 
2. No Intent to Threaten
   The defendant may argue that their actions were not intended to create a well-founded fear of imminent violence, which is a required element of assault under the statute
3. Lack of Apparent Ability
   In Bell v. Anderson, 414 So. 2d 550, the court found that the defendant's threat did not constitute assault because the circumstances did not support an honest and reasonable belief that the defendant had the apparent ability to carry out the threat. The defendant was seated in a rowboat 30 to 40 feet away from the victim's moving motorboat, which negated the apparent ability to execute the threat