Pursuant to Florida Statute 784.011(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.
To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:
- The accused intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
- At the time, the accused appeared to have the ability to carry out the threat.
- The act of the accused created in the mind of a well-founded fear that the violence was about to take place.
A conditional threat to commit a violent act at some unspecified point in the future based upon a possible eventuality does not constitute an assault.
Assault is a second degree misdemeanor punishable by up to 60 days in the county jail.
An Assault will be enhanced from a second degree misdemeanor to a first degree misdemeanor if the assault is committed upon an:
- Emergency Medical Care Provider
- Law Enforcement Officer
For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.