Florida Statute 784.011 – Assault
(1) An “assault” is 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. (2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Assault is somewhat straightforward. In order to prove assault, the State must show that (a) you intended to place someone in fear of imminent contact, whether harmful or unwanted; (b) that fear must be imminent, as in right away. Threats for the future or in the next few minutes don’t fall under this statute.; (c) that the person actually felt the apprehension of that imminent and unwanted/harmful contact.
That’s all there is to it. The law itself is pretty straight forward in what is required. People often confuse Battery with Assault in that they believe there needs to actually be physical contact to prove Assault. However, that is not true. Assault is the crime relating to people feeling like they are about to be harmed or touched inappropriately. For example, someone swings a punch at another person and misses. If the person saw the punch coming and dodged the punch the puncher would be charged with Assault. If the puncher actually hit the guy with the punch he would be charged with Battery. Sometimes in the latter example he’d actually be charged with both.
Assault ranges from Misdemeanor to Felony depending on what was used to carry out the assault. For example, you attempt to punch someone and miss, that’s a misdemeanor assault. You point a gun at someone and tell them you are going to shoot them, that’s a felony assault.
If you have any specific questions about Assault and what the State is required to prove, call experienced criminal defense lawyers in Orlando, Smith & Eulo Law Firm.
Stand Your Ground
Smith & Eulo Law Firm, your Orlando Law Firm, experienced Orlando criminal defense attorneys, Orlando, Metrowest.
Florida’s “Stand Your Ground” Law has become a hot topic of conversation in Florida over the past few years. For Orlando Criminal Defense Lawyers, the Stand Your Ground Law is a powerful legal tool that can be a game changer on cases where self-defense is a viable option for our clients for several reasons. First, winning a Stand Your Ground Motion can result in the entire case. Also, Stand Your Ground Motions are decided on a preponderance of the evidence standard, which means that if your judge finds that it was 51% likely that you had a legal right to self-defense, you are immune from prosecution and the case is dismissed. Moreover, Stand Your Ground Motions can force the State to produce their witnesses to testify at a Stand Your Ground Hearing, which allows an Orlando Criminal Defense Attorney to lock in the testimony of the State’s witnesses and be fully aware of how they will testify in the event the case goes to trial.
As always, please contact an experienced Orlando Criminal Lawyer at the Smith & Eulo Law Firm if you have questions about your case. We are conveniently located in Metrowest, 7065 Westpointe Blvd, Suite 322, Orlando, FL 32835. You can call us directly at 407-930-8912, or email us at firstname.lastname@example.org.
Smith & Eulo is “Your Path to Justice.”