The definition of simple assault (misdemeanor) is contained in Section 784.011, Florida Statutes. Under the law, an assault occurs when a person, by word or act, makes an intentional threat to commit violence towards another person, has the apparent ability to carry out the threat, and does some act which creates a well-founded fear in the other person that such violence is imminent.
To prove the crime of assault at trial, the State must establish three factual elements beyond a reasonable doubt:
The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim;
At the time the threat was made, the defendant appeared to have the ability to carry out the threat; and
The threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place.
If you or someone you know has been accused of simple assault in Florida, it is important to be represented by an experienced attorney. Call the Misdemeanor Clinic today at (561) 425-8229 or visit our website at www.misdemeanorclinic.com