Assault Crimes

Assault and Domestic violence accusations are very serious cases, which can result in jail time, fines, probation, loss of child custody, job loss, inability to own a firearm, loss of reputation, and a lifetime record that can prevent you from obtaining employment, holding certain jobs or even renting an apartment. This happens every day in Brevard County


When coupled with the fact that assault and domestic violence charges are among the most filed cases in the judicial system – notorious for relying upon the testimony of vindictive victims – it is vital that a defendant immediately seek the advice of a veteran defense lawyer experienced in fighting assault or domestic violence accusations.


Martinez Law will move immediately and aggressively to protect your rights at all stages of your case and can work to coordinate your defense in cases where alimony, child support, child custody or a pending divorce or property settlement are involved in a domestic violence dispute or assault dispute.


Our office offers a free and confidential consultation to discuss your rights if you are facing an assault or domestic violence charge.

What is assault in Florida?

In Florida, an assault is defined as a physical or verbal threat to harm a person, coupled with the ability to carry out that threat. This act should cause a founded fear of becoming a victim of violence in the other person. A conviction for assault can result in up to 60 days in jail and a fine up to $500.  

The elements of an assault are defined in Florida Statute § 784.011. Note that this crime does not imply any sort of physical contact, but rather involves threats of violence that make the victim(s) fear for their safety. 

Some examples of assault include: 

  • Verbally threaten to punch a person
  • Miming to hit, strike, or kick a person
  • Threatening to use an object to hurt another person

In Florida, assaults are considered second-degree misdemeanors. Nevertheless, these penalties can increase if the defendant used a gun or other weapon during the offense.