Florida State - Assault

Statute
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.

Jury Instruction
To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).

1. 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.

 

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