Jacksonville Criminal Defense Attorney Blog

Florida law dictates that Grand Theft in the first degree is a first-degree felony, in accordance with Florida Statute 812.014(2). The Florida legislature has a criminal law committee that actually introduces bills and introduces them to both the House and Senate for review before they become laws. It is in these sessions that such penalties are discussed and decided upon.

If you have been charged with a Grand Theft in the First Degree, then you may wonder what penalties may be imposed in the sentencing. Before entering a plea agreement, it is important to understand what may happen if a jury convicted you and recommended the harshest sentence for the offense to the Court. In accordance with Florida Statute 775.082(3)(b), a felony in the first degree is punishable by, “ a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.” In addition, a fine may be imposed for the crime, in accordance with Florida Statute 775.083(3)(b) a fine cannot exceed $10,000. A plea agreement may be made for a lesser penalty, since the maximum time in prison is 30 years the plea agreement may be for considerably less prison time than the 30 years and a fine less than the $10,000 maximum allowed by statute.

If you have been charged with the crime of Grand Theft in the First Degree, then you should speak with a criminal lawyer about your rights and options and to help you negotiate with the State.

For purposes of Florida criminal law, there is a difference between stealing a candy bar than stealing a car. Not only are the crimes different, but the charge in itself is different. Regardless of theft being the common theme, the crimes are defined differently by Florida Statute, therefore, they are normally investigated by the police (i.e. Jacksonville Sheriff's Office) and prosecuted differently by the State Attorney (i.e. Angela Corey in Jacksonville and related assistant state attorneys). Understanding the crime you have been charged with can be helpful in formulating the proper defense.
Florida Statute 812.014 defines petit theft as stealing property valued over $100 and less than $300, not from someone's home; or property that is worth less than $100 that does not fit into the crime of Grand Theft in any degree. However, the charges are different in that a petit theft of property valued at more than $100 and less than $300 is a misdemeanor of the first degree while property valued at less than that is a second degree misdemeanor. The degree of the charge weighs heavily on the possible sentence that can be imposed.
If you have been charged with petit theft in Florida, then you should speak with a criminal lawyer about your rights and option.

Theft in Florida can be broken down into multiple categories of grand theft in three degrees and petit theft. Florida Grand Theft in the Third Degree is defined by many elements, including but not limited to, stealing property valued over $300 but less than $20,000, any fire extinguisher, a firearm, etc. If the crime is committed in Florida, then the crime can be charged as a third degree felony.
A felony conviction can be punishable by imprisonment for more than one year while a misdemeanor is punishable by no more than one year. In addition, the fines associated with a felony are much greater, in the case of theft, often there can be fines associated with the crime, but also restitution (paying back the victim for the property).
If you have been charged with a Grand Theft in any degree, then you should speak with a criminal lawyer about your rights and options.

The theft of property valued between $20,000 and $100,000, in Florida, is considered a grand theft. Florida statute 812.014 states that theft is the intentional taking of another’s property, thus depriving the other person of said property either permanently or temporarily. Florida also provides for levels of the crime and in F.S. 812.014, the legislature defined grand theft in the second degree. The question then becomes whether a grand theft of property valued between $20,000 and $100,000 is a felony or a misdemeanor.

In accordance with Florida Statute 812.014(2)(b), a grand theft of the second degree is a felony in the second degree and is defined by the following acts being committed and proven, by the State Attorney’s Office:
1. If the property stolen is valued between $20,000 and $100,000;
2. Cargo stolen is valued at less than $50,000 and entered the stream of commerce from the shipper to the receiver;
3. Stolen property is emergency medical equipment with a value of at least $30 and taken from a licensed facility or from an aircraft or vehicle; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle,

If you have charged with the crime of grand theft in the second degree, then you should speak with a criminal lawyer about your rights and options.

In Florida, crimes, like theft, can often have multiple layers that must be proven to a jury for there to be a certain conviction. Florida law defines the act of a theft, but goes on to give the multiple layers before defining if theft is a misdemeanor or felony. A misdemeanor is a crime that has a punishment that cannot exceed one year in jail and a fine that cannot exceed $1,000. Since theft has so many components, such as whether a car or a candy bar was stolen, the law follows the same logic in determining if a theft is a misdemeanor or felony.

Florida Statute 812.014 defines theft and then provides a definition for grand theft of the first degree as a felony of the first degree. This crime of theft has the following components that must be proven by the State Attorney to get a conviction of the grand theft in the first degree:
1. If the stolen property has a value of $100,000 or greater OR is a semitrailer used by a law enforcement officer (i.e. Jacksonville Sheriff's Officer); OR
2. If the stolen property is cargo with a value of $50,000 or more that entered the stream of commerce (ready for interstate our out-of-state shipping) from the loading dock to that of the receiving person (i.e. a shipment of Wii is stolen while being transported on the interstate by a driver); OR
3. If the offender commits any grand theft AND:
a. Uses a motor vehicle, other than as a getaway vehicle, in committing the crime; therefore creating property damage (i.e. crashing into a transport vehicle so that the items can be stolen.); OR
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,

Crimes such as theft have components or elements that must be proven to a jury for there to be a conviction. Florida law dictates the elements of the crime of theft and provides a guideline for everybody from the Jacksonville Sheriff’s Office that handles the investigation to the State Attorney Office in Jacksonville that prosecutes the crime. In order to get a conviction the State must show that the elements of the crime have, in fact, been met by showing evidence, testimony and the like to a jury.

The elements of theft, according to Florida Statute 812.014, that must be proven to a jury are as follows:

1) That the alleged criminal knowingly obtains or uses the property of another. First, the prosecution must be able to prove that the alleged thief actually had knowledge that the property in question belonged to someone else and that the alleged thief took or used the property or used the property. If a golfer finds a golf ball in the rough and no one appears to be looking for it, then there may be an assumption, based on experience, that the golf ball no longer has an owner. Therefore, the use of that golf ball would not necessarily constitute a theft if the golfer did not have knowledge the ball, in fact, belonged to anyone.

2) There must be intent to temporarily or permanently take the property of someone else. Here, the prosecution must prove that the alleged thief had the intent to actually deprive an owner of his/her property for a short-term or even permanently. If you take a DVD from Wal-Mart, without paying for it and you walk out of the store with the DVD, then the act itself may show a jury that you intended to permanently remove the item from Wal-Mart’s possession.

3) To be convicted of theft, the State must prove that there was intent to permanently or temporarily deprive a person’s right to the property or benefit of the property. If you take someone’s car without his or her permission, then you are actually taking that person’s own right to use his car. Taking the property of another, even temporarily, prohibits the owner from actually using his own property.

4) If you do not have right to the property (i.e. your name is on the registration), then you could be convicted of the crime of theft if all other elements have been proven.

Continue reading " Florida Criminal Law: What Are the Elements of the Crime of Theft? " »

Defining theft in Florida is a matter for the state legislature. Investigating the crime and gathering evidence to show a theft was committed is the job of the Sheriff’s office (i.e. Jacksonville Sheriff’s Office). Enforcing the law, or prosecuting the alleged criminal offender with theft is the job of the State Attorney’s office in your area, which are broken down into circuits, a group of counties equals one circuit, (i.e. Duval, Nassau and Clay Counties are in the 4th Judicial Circuit).

Theft occurs, according to Florida Statute 812.014(1), when a person, “…knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Theft is a crime that requires knowledge on the part of the person committing the theft. Meaning that to be guilty of theft, you had to have knowledge that the property was in fact the property of another (i.e. stealing from a store) and that you intended to keep the property for any length of time. For example, taking your neighbor’s lawnmower without asking and returning it later is still theft. The idea of theft is that your action has taken the known owner’s right to use the property or the owner’s right to sell the property during the time that you took as if it were your own. If you steal a candy bar from a store, then you know that candy bar belongs to the store and you have deprived the store the chance to sell it an actual paying customer.

Continue reading " Florida Criminal Law: How Is Theft Defined by the Florida Statutes? " »

The Florida legislature has a criminal law committees in both the House and Senate that reviews proposed criminal law bills and ultimately makes decisions, edits, etc. before the bill is brought to a vote by the House and Senate. The bills are then voted on and if they pass both House and Senate, then they become law, which is how our Florida Statutes has defined crimes and the penalties they carry.
The Florida legislature has established that aggravated battery is a battery committed on a person that causes permanent disability or impairment; or a battery committed with a deadly weapon; or a battery committed on a pregnant woman. In addition to that definition, the Florida law establishes the crime of aggravated battery as a second degree felony. A second degree felony and its associated penalties that can be imposed on someone convicted of the crime of aggravated battery. According to Florida Statute 775.082 states that a second degree felony is punishable by a term in prison for no more than 15 years. In addition, a fine for a second degree felony, in accordance with Florida Statute 775.083, cannot exceed $10,000. What his means is that when sentencing occurs, the maximum punishment for aggravated assault is 15 years in prison and $10,000 in fines. However, there may be an offer for a plea that reduces this maximum sentence, or a jury can even sentence less than the maximum sentence depending on the facts of the case and how persuaded the jury feels by them.

Continue reading " Florida Criminal Law: What Are the Penalties for the Crime of Aggravated Battery? " »

In Florida, crimes are defined by the legislature and the legislature also determines whether a crime is a misdemeanor and which constitute a felony. Florida also establishes degrees of punishment, for misdemeanors there are first and second degree and for felonies it can from third degree to a life felony. The degree of punishment and length of incarceration is determined by this degree system.

Misdemeanors and felonies carry different penalties and have different outcomes in the long hall because a misdemeanor is considered a lesser offense than a felony. Aggravated Battery is a battery committed to another that causes permanent disability or deformity; a battery committed with a deadly weapon (gun/knife); or a battery knowingly done to a pregnant woman. Florida Statute 784.045 defines aggravated battery as a second degree felony. If you are convicted of the crime of aggravated battery, then the punishment is worse than a battery conviction, which is a first degree misdemeanor.

Continue reading " Florida Criminal Law: Is the Crime of Aggravated Battery Considered a Felony or Misdemeanor? " »

In Florida, a crime against a pregnant woman often carries harsher penalties than a crime against others. While Florida Statute 784.045(1)(a) defines the elements of aggravated battery as either a battery causing disability or disfigurement of another or using a deadly weapon while committing battery, there is an additional factor that can lead to the charge of aggravated battery, pregnancy.

According to Florida Statute 784.045(1)(b), if a battery is committed against a pregnant woman, then an aggravated battery has been committed and the State Attorney’s Office may charge the crime accordingly. If the State prosecutes for this crime, then it must prove that the actual and unwanted touching of another occurred (battery F.S. 784.03), and that the person committing the battery knew or should have known that the person was pregnant. A defense to the crime may be that there was no knowledge of the pregnancy, but that defense does not work if the physical appearance of the victim proves otherwise. The concept is that a crime against a pregnant woman is done to two individuals and there may be considerable harm to the unborn child.

Continue reading " Florida Criminal Law: What Is the Crime of Battery Against a Pregnant Woman Considered, A Battery or Aggravated Battery? " »

In Florida, investigating a crime requires understanding of the elements of the crime by both the Sheriff’s Office and the State Attorney’s office prosecuting the case. Officers, like those that work for Jacksonville Sheriff’s Office, have to understand how a crime is defined so that their investigation can lead to a conviction later. By not doing a thorough investigation of a crime, like Aggravated Battery, the State may have difficulty proving its case to a jury.

Florida Statute defines elements of a crime. The elements are what must be proven in court for the State to get a conviction for the charged crime. For example, Aggravated Battery is defined by Florida Statute 784.045 and its definition are actually the elements that must be proven to jury. First, the elements of battery must be proven, battery in itself has multiple elements including the following:
1. Actual touching or striking;
2. Intention, meaning having the thought and mind-set to do the touch or strike;
3. The touch/strike is against the will of the other person, which means that the other person did not provoke the action (i.e. acting in a way that warrants defense); or
4. Acting in a way to inflict bodily harm on another person

Once those things are proven, to get to a conviction for an aggravated battery, the State must prove that 3 of the 4 above have been met along with one of the following:
5. Intentionally (meaning to) or knowingly (you know your action could) cause great bodily harm to another (i.e. kidney failure); or
6. Intentionally or knowingly cause permanent disability (i.e. cause paralysis); or
7. Intentionally or knowingly cause permanent disfigurement (i.e. crushing someone’s facial bones); or
8. Commit a battery using a deadly weapon (i.e. pistol-whip).

To be convicted an aggravated battery; the State must prove that there was a battery and that the battery meets one of the elements listed in 5 - 8.

Continue reading " Florida Criminal Law: What Are the Elements of Aggravated Battery? " »

Crimes in Florida are defined by statute and are prosecuted by the State Attorney. The State Attorney’s Office in your area has many associates or assistant state attorneys and that office reviews police reports, such as those completed in an investigation by Jacksonville Sheriff’s Office.

In Florida, according to Florida Statute 784.045(a), a person has committed Aggravated Battery if while committing a battery (as defined by F.S. 784.03) does the following:
1. “Intentionally and knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.”

An example of aggravated battery is pistol-whipping someone. That requires you actually and intentionally hitting someone with a deadly weapon, such as a gun. Another example would be kicking someone in the stomach region repeatedly and causing them permanent kidney and internal organ damage.

If you have been charged with aggravated battery you should speak with a criminal lawyer about your rights and options.

Battery is a crime in Florida that is defined as the unwanted, intentional touching of another person. In Florida, we have a State Attorney's Office that determines whether to file charges and seek a conviction of battery. The Jacksonville Sheriff's Office is required to investigate crimes committed in the Jacksonville area and then provide the police report to the State for determination of prosecution.

If convicted of battery, the charge for a first offense is a first degree misdemeanor. If you are convicted and then charged with another battery, that is a third degree felony. A first degree misdemeanor has a penalty of term of prison for no more than one year. A third degree felony is punishable by a term of imprisonment not exceeding five years. So, the crimes may be the same, but the number of offenses of battery, the more jail time could be served in Florida.

If you are facing criminal charges for battery, you should speak with a criminal lawyer to understand your rights and options.

Crimes in Florida are defined by Florida Statutes. Florida Statute also defines whether a crime is considered a misdemeanor or a felony. Generally, misdemeanors are offenses that come with no more than one year in jail and felonies are offenses for which jail time can exceed anything over one year. That is the basic distinction between the two. As you would assume from the penalties involved, a misdemeanor is a lesser offense than a felony.

In order to be convicted of a crime in Jacksonville, the State Attorney's office in the area would prosecute a person and the State must prove its case to a jury of your peers for the conviction to hold. So, if you are charged with a battery and convicted for the battery, would that be a misdemeanor or a felony? According to Florida Statute 784.03, if it is a first conviction of battery then it is considered a first degree misdemeanor. However, if this is the second time you have been charged with a battery and you were previously convicted of a battery of any kind, then you can be charged with a third degree felony. Basically, the Florida Statute gives you one bite at the apple before turning a the misdemeanor battery into a felony battery charge.

If you have been charged with battery, then you should speak with a criminal lawyer about your rights and options.

In order to be convicted of a battery in Florida you must meet all elements of the crime. In Florida, a State Attorney or an Assistant State Attorney is responsible for charging the crime of battery and prosecute the crime. In order for the charge to be filed, there must be a determination as to whether the elements of the crime could be proven to a jury or judge. Florida statutes define crimes and the elements that must be proven to convict someone of said crime. Elements of a crime are like a math equation, if you have a + b = c (the crime).

What are the elements of the crime of battery in Florida? According to Florida Statute 784.03(1)(a) provides the elements of the crime of battery as when a person does the following:

1. Battery is if someone were to actually (meaning doing an act) and intentionally (done with an agenda) touches or strikes another person against the will of the other (meaning the other person did not consent to the touch or strike. An example of this would be that person x gets into a verbal fight with person y and then x punches y, then x has committed a battery because the making of fist coupled with making contact with y would meet the intentional striking and most likely, Y did not agree to being punched in that scenario; or

2. Battery occurs when someone intentionally (means to) cause bodily harm to someone (actually hurt someone). So, if X and person Y are in a verbal fight and Y decides to give X a black-eye and then does so, then that is considered intentionally causing bodily harm to another person and the elements have been met for Y to be charged and convicted of battery.

Continue reading " Florida Criminal Law: What Are the Elements of Battery? " »

A common charge of a criminal action in Florida is that of battery. Florida Statutes define battery, but it is a common term, almost a household name, thanks to shows like Law and Order. Unlike the District Attorney in shows like Law and Order, Jacksonville and Florida as a whole has a State Attorney. State Attorneys are elected in their actual Circuit, which generally consists of more than one county in Florida. For example, Jacksonville is in the 4th Judicial Circuit and it encompasses Duval, Clay and Nassau Counties and Angela Corey is our State Attorney. However, the actual State Attorney Office has numerous associate attorneys that actually handle a number of the cases, such as battery cases.

So, what is the definition of a battery? According to Florida Statute 784.03, a Battery is defined as an offense where a person intentionally physically touches someone else against the other person’s will (meaning without consent) or a person intentionally inflicts or causes harm to someone. An example of touching someone against their will would be when you slap someone across the face. Unless the person asked you to slap them, you have committed a battery. In the second definition, “intentionally cause bodily harm to another,” whether the slap was asked for or not, if you slap someone so hard that you break their cheekbone, you’ve committed a battery. Even though you may not have intended to cause that great of bodily harm, you intentionally hit the person with enough force to hurt them.

Continue reading " Florida Criminal Law: How Is Battery Defined by the Florida Statutes? " »

In Florida, aggravated assault is a third degree felony and a general assault is a second degree misdemeanor. Felonies and misdemeanors carry different punishments, which are defined by Florida statutes. Also, the long-term impact of a felony versus a misdemeanor may cause certain challenges for an individual when applying for jobs, or if that person is a repeat offender and has another run-in with the police, like the Jacksonville Sheriff’s Office.

If convicted of an aggravated assault, you may be sentenced to up to five (5) years in prison and have a fine of up to $5,000.00 owed (F.S. 775.082 and F.S. 775.083). The fine is typically determined by the offense, any damage that can be proven and whether the Judge or jury decides to charge the harshest penalty for the crime, which is generally based on the actual circumstances surrounding the crime and the victim.

A fine can be imposed and paid off over time, but that money may be owed even after jail time is served. Typically, restitution or fines exceed the actual prison sentence. Often, if given an option of entering a plea agreement, a criminal law attorney may suggest that taking a plea, especially to lesser offense like assault, would put you in a better position now and in the future. Before entering into a plea agreement for aggravated assault, you should speak with your Jacksonville criminal lawyer.

Florida crimes are defined by Florida Statutes, which not only define what a crime is, but whether the crime is a misdemeanor or felony. The difference in a misdemeanor and felony is good to understand when dealing with a criminal charge such as Aggravated Assault. A misdemeanor is when one is charged with a crime that holds a penalty of less than one year in jail and a fine of no more than $1,000.00 (depending on the degree of the misdemeanor). A felony is a crime that is punishable by more than a year in prison and a fine up to $15,000.00 (depending on the degree of the felony). Each crime can also carry a fine penalty, so jail time may not be the only consequence of a crime.

As a Jacksonville lawyer, I have to inform clients of the possible punishment of the crime for which they are being charged. An aggravated assault means that an assault occurred with either a deadly weapon or with an intent to commit a felony (i.e. armed robbery). It is a higher offense than simple assault and carries a harsher penalty with it.

Florida Statute 784.021 defines an aggravated assault as a third degree felony. A third degree felony has harsher penalties than a second degree misdemeanor, which may be charged in a simple assault action. Often, a criminal law attorney may suggest that the charged person accept a deal from the state for assault rather than going to trial on the aggravated assault. The reason is that a conviction for a felony is much harsher than a misdemeanor for punishment, but also for future issues involving repeat offenders.

Continue reading " Florida Criminal Law: Is the Crime of Aggravated Assualt Considered a Felony or Misdemeanor? " »

In Florida, the Jacksonville or local State Attorney’s office is responsible for prosecuting crimes and proving to a jury that all elements of a crime were completed to justify the charged criminal act. Florida has defined crimes in the Florida Statutes and the definitions also provide the elements that must be proven for someone to be convicted of a particular crime. Basically, Florida statutes lay out the ABC’s of a crime and the prosecution has to show all of the letters to get a conviction.

An Aggravated Assault has three (3) possible elements , and at least two (2) must be proven to a jury for there to be a conviction of the crime. The elements are defined by Florida Statute 784.021 as (a) an assault (F.S. 784.011 defines assault as a verbal threat or act of violence that creates fear in another at a degree to believed that violence is probable), (b) the assault was with a deadly weapon without intent to kill; or (c) the assault was done with an intent to commit a felony.

First, an assault must be proven to even go down the road of a conviction of aggravated assault. Second, the State Attorney must show that either the assault was done with a deadly weapon (gun or knife) or that it was done with the intent to commit a felony. So, how would these two things be shown? If an assault is committed while the accused is holding a gun, then that would be an aggravated assault. For example, threatening to hurt someone while pointing a gun at their foot would be an aggravated assault since shooting the person in the foot would hurt, but not kill them. Or, the State can show that the assault was done with an actual intent of committing felony. For example, threatening to break into someone’s home while trying to smash in a door.

Continue reading " Florida Criminal Law: What Are the Elements of Aggravated Assault? " »

When a crime is committed in Florida, the police, like the Jacksonville Sheriffs Office, will investigate the crime to determine what to charge a person with. However, the State Attorney's Office has the ultimate say in what crime has been committed. Different actions can lead to different crimes being charged and prosecuted. For instance, the simple statement or physical act that may lead one to believe that violence is probable may be charged as an assault. However, if the same act is done while one is holding a weapon (knife, gun, etc.), then the charge may be more severe than simple assault, which is a 2nd degree misdemeanor under Florida law. So, what is that greater charge?

Aggravated Assault is defined by Florida Statute 784.021 as, "...an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony." Basically, it is a threat (verbal or physical) while holding a deadly weapon, such as a gun or knife. Basically, even holding a gun near someone in a threatening way could be considered an aggravated assault because it automatically generates fear in the other person.

Since the statute states, "or," it can also mean that someone commits an assault by threatening imminent and probable harm on another, such as killing them, which would be a felony. So, if a person is not holding a gun, but says, "I'm going to kill you right here, right now." Then the person's intent may be to actually kill, therefore the intent of committing a felony is present. Simply because the action is stopped before it stops does not change the circumstance of the aggravated assault.

If you have been charged with an aggravated assault, then it is important to understand that the charge is greater than that of an assault and the consequences may be much greater. You should speak with a criminal law attorney to better understand your rights and options.

In Florida, a crime can be charged as a misdemeanor (no greater than one year in prison) or felony (greater than one year in prison). A misdemeanor, like a felony, has different degrees, including first and second. If someone has committed or been charged with assault, then that is a second degree misdemeanor according to Florida Statute 784.011 (2010).

In accordance with Florida Statute 775.082(4)(b) (2010), a second degree misdemeanor is punishable by, “…a definite term of imprisonment not exceeding 60 days.” A misdemeanor is not punishable, even as a first degree, for greater than a year in prison, so this degree of misdemeanor actually reduces the overall possible time in jail even more.

In addition to jail time, a conviction of assault may include a fine to be paid in accordance with Florida Statute 775.083(e), (2010). A second degree misdemeanor can be punishable with a fine of $500.00. The fine can be part of the sentence and can be congruous with any sentence of jail time.

An assault may not require jail time, but it is in the State Attorney's hands to decide what may be agreed upon for punishment if there is a plea before trial. If a conviction is passed down from a trial, then these are the greatest sentences that could be imposed by the jury. To best understand your rights and options you should have a criminal law attorney fighting for you.

In Florida, what are the elements of the crime of assault that must be proven for someone to be convicted of assault? First, there must be an intentional act. Florida Statute 784.011 (2010). The person committing the assault must do so with the intention of assaulting another person. What this means is that simply saying, “I’m going to kill you,” must not be in a joking tone but in a serious manner with the intent of actually killing the other person.

Second, the there must be an, “unlawful threat by word or act,” again going to a statement being made or hitting the palm of a hand with ah fist in a threatening manner.

Third, the intentional act or words must be done with the, “…apparent ability to do violence to another person.” Florida Statute 784.011 (2010). What this means is that making a statement, “I’m going to kill you,” while holding a stuffed animal does not necessarily lead to the fact that violence could or will be done.

Fourth, the act must cause a, “….well-founded fear in such other person that such violence is imminent.” Florida Statute 784.011 (2010). This means that the other person must believe that the words and acts are actually going to be followed through and that the person is, in fact, in fear of the threat.

Continue reading " Florida Criminal Law: What Are the Elements of Assault? " »

Assault is a crime in Florida that can be prosecuted by the State Attorney. Florida crimes are prosecuted by the State Attorneys Office, which is an elected position. Florida is divided into different circuits and each circuit has its own State Attorney that runs the office and then there are multiple assistant state attorneys in that office that oversee the cases on a day-to-day basis. Northeast Florida, consisting of Nassau, Clay and Duval counties are in the 4th Judicial Circuit and a state attorney is elected to oversee the main office for that circuit. The job of the State Attorney's Office is to prosecute those that violate Florida law and commit crimes consistent with Florida statutes or common law. Florida statutes provide definitions to crimes and provide sentencing guidelines to the courts based on each crime.

Assault is defined by Florida Statute 784.011 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 such violence is imminent." Assault, under Florida law, does not require a physical act be completed, but simply the threat of a physical, harmful act on another.

An example of assault would be if someone is holding their hand in a fist and says to another, "I'm going to bash your face in," and the person appears to be serious and has the physical make-up to do harm or suggest harm to the other, then that is an assault and the individual could be charged with the crime of assault even without laying a hand on the other person.

Assault simply requires words or actions that imply harm to another and that harm has a true probability of being carried out. In a situation where someone lives in England and the other person is in Jacksonville and they are communicating by video conference, the ability to follow through with a physical action of the threat becomes much less and therefore would most likely not be considered an assault.

Continue reading " Florida Criminal Law: How Is Assault Defined by the Florida Statutes? " »