If you threaten to do violence to another person, you can be charged with simple assault, even if you never touched the other person. Assault can be charged as a felony depending on whether a weapon or firearm was used, or whether the victim in the case was particularly vulnerable.
After a charge of assault, you need an experienced criminal defense attorney to help you fight the charges.
Attorneys for Assault Crimes in Fort Lauderdale, FL
If you were charged with simple assault under § 784.011, Fla.Stat., then contact the experienced criminal defense attorneys at Meltzer & Bell.
Our attorneys for violent crimes also represent clients charged with more serious assault crimes such as felony assault, aggravated assault, assault with a firearm. assault on a law enforcement officer, or assault on an elderly person.
Call Meltzer & Bell.
Elements of Simple Assault in Florida
Under Florida law, in order to prove the crime of assault, the prosecutor with the State of Florida must prove the following three elements beyond a reasonable doubt:
- The fefendant intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
- The defendant, at the time, appeared to have the ability to carry out the threat.
- The defendant’s act created in the mind of victim a well-founded fear that the violence was about to take place.
Aggravated Assault under § 784.021, Fla. Stat.
Under Florida law, to prove the crime of Aggravated Assault, the prosecutor with the State Attorney’s Office in Broward County, FL, must prove the elements of misdemeanor assault plus a fourth element that:
- The assault was made with a deadly weapon; or
- The assault was made with a fully-formed, conscious intent to commit the felony charged upon the alleged victim.
If the circumstances were such as to ordinarily induce a well-founded fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the victim need not be shown.
The term “deadly weapon” means a weapon that was used or threatened to be used in a way likely to produce death or great bodily harm.
In an aggravated assault case, it is not necessary for the State to prove that the defendant had an intent to kill.
Lawyers for Assault Crimes in Broward County, FL
The attorneys at Meltzer & Bell represent clients charged with a variety of violent crimes involving allegations of assault including:
- Simple assault under Section 784.011;
- Aggravated assault under Section 784.021;
- Improper exhibition of a dangerous weapon or firearm under Section 790.10; or
- Discharging firearms in public under Section 790.15.
After any charge of assault, call us to discuss the charges pending against you, possible defenses, the ways to avoid the typical penalties, and the most effective ways to fight for a dismissal of the charges.
Call (754) 755-8554 today.
This article was last updated on Friday, November 3, 2017.