ASSAULT
If you have been charged with assault or aggravated assault, you should consult
with an attorney. You should understand that an assault does not mean that you
hit someone, but rather that you threatened, either physically or verbally to
harm someone and that you had the ability to carry out the threat. Below you will
find what the state has to prove in order for you to be found guilty of assault.
If you have been charged with assault or Aggravated Assault, please contact our
office to schedule your free confidential consultation.
ASSAULT§ 784.011, Fla.Stat
To prove the crime of Assault, the State must prove the following three elements
beyond a reasonable doubt:
- Defendant intentionally and unlawfully threatened, either by word or act,
to do violence to victim.
- At the time, defendant appeared to have the ability to carry out the threat.
- The act of defendant created in the mind of victim a well-founded fear that
the violence was about to take place.
AGGRAVATED ASSAULT § 784.021, Fla.Stat.
To prove the crime of Aggravated Assault, the State must prove the following
four elements beyond a reasonable doubt. The first three elements define assault.
- Defendant intentionally and unlawfully threatened, either by word or act,
to do violence to victim.
- At the time, defendant appeared to have the ability to carry out the threat.
- The act of defendant created in the mind of victim a well-founded fear that
the violence was about to take place.
-
- The assault was made with a deadly weapon.
- The assault was made with a fully-formed, conscious intent to commit
(crime charged) upon (victim).
A weapon is a "deadly weapon" if it is used or threatened to be used
in a way likely to produce death or great bodily harm. It is not necessary for
the State to prove that the defendant had an intent to kill.
The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
of Use.
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