Criminal Defense Over 12 Years' Experience Protecting Your Rights

Assault

What is Assault?

Florida Jury Instructions provide that in order to the State to prove the crime of Assault, the following three elements must be proven beyond a reasonable doubt:

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

Note, very importantly, that no actual physical contact is required in order to prove Assault in the state of Florida. Also, no injury is required to prove Assault.

What Florida Statute applies to the crime of Assault?

What are the maximum penalties?

  • Assault is a second-degree misdemeanor punishable by up to 60 days in jail and up to $500.00 fine.

What are some possible defenses to Assault?

  • False statements by the alleged victim
  • Self-Defense
  • Defense of Property
  • No intent to threaten the alleged victim

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