People often get assault and battery confused. Each are distinct and separate crimes. There are many assault statutes on the books relating to different factual scenarios and each are treated differently. Some assault statutes specifically relate to firearms, law enforcement officers, elderly people, disable people and more. Call us today to discuss your assault case.
Assault is defined in Florida Statute Section 784.011. In order to prove that you committed an assault, the State must prove:
- You intentionally and unlawfully threatened, either by word or act, to do violence to the victim, and
- at the time, you appeared to have the ability to carry out the threat, and
- the act created in the mind of the victim a well-founded fear that the violence was about to take place.
Assault is a Second Degree Misdemeanor punishable by up to 60 days in jail.
Some common defenses to Assault are that the listed victim wasn't in fear, that you were acting in self defense, that you did not have the ability to carry out the threat, and that you did not threaten violence. For example, if you were in a full body cast and told someone you were going to punch them, you wouldn't have the ability to carry out the threat at that time. If you qualify the threat, (i.e. if you don't stop what you're doing, I'm going to punch you), then the State may not be able to prove that you created a well founded fear that violence was about to take place. Each case is different. Give us a call to discuss the facts of your case and possible defenses unique to you.
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