Florida's Criminal Assault Statute 784

Assault is defined as 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. If the unlawful act includes a touching, it then becomes a battery. In commonly understood English an assault means something other than the legal definition so don't confuse assault with attack; assault is putting another in FEAR of an attack. An attack is a battery when there is a touching. An assault is an act done intentionally which causes a fear, a reasonable fear, in the mind of the second person of an imminent unlawful touching. In Florida, the crime of assault can be enhanced, which means the penalties are increased, if the assault involves the use of a weapon. Florida criminal law distinguishes between weapons a deadly weapon and a firearm. If a firearm is used in the commission of assault Florida has a 10, 20, life statute which enhances the punishment in increments of 10 years, 20 years or life.

Florida jury instructions for assault

Florida criminal jury instructions 8.1 define assault in the following manner. To prove the crime of assault the state has to prove three elements. Each element of a crime in Florida must be proven beyond a reasonable doubt. Three elements in Florida criminal law for assault are an intentional and unlawful threat either by word or act do violence to the victim, which at the time the defendant appeared to have the ability to carry out and the acts created in the mind of the victim a well-founded fear that violence was about to take place. At the conclusion of the criminal trial the jury instructions are read by the judge to the jury. Criminal trials in Florida State courts and Miami, Fort Lauderdale, and West Palm Beach require the jury be informed of the meaning of the law by the reading of the Florida criminal jury instructions which can be obtained online.

When does a heated verbal exchange become an assault?

All assault prosecutions are very fact sensitive. A Florida prosecutor will review a police report, interview the participants and witnesses and decide if the charge of assault is appropriate. During the process of case filing a Florida criminal attorney can represent the interests of the accused, or a person of interest, and speak with the prosecutor before the decision to file a charge is made. In federal criminal proceedings in federal court the criminal procedure is quite different. Federal criminal prosecutions are rare. The federal criminal defense attorneys deal with federal prosecutors more often with assaults as a lesser charge in the federal indictment. In federal criminal court most Florida federal criminal attorneys rarely see a stand-alone assault charge. Federal criminal charges may include an assault element but rarely are stand-alone federal criminal assault proceedings. If you are the subject of a police investigation in Florida it is very prudent to have your Florida criminal defense attorney involved from the beginning of the matter.