Florida Criminal Law: What Are the Elements of Assault?
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.
If you have been charged with assault, you should speak with a criminal law attorney to understand your rights and options.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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