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ASSAULT CRIMES

assaultAssault is threatening (non-physical) behavior that creates a well founded fear in another that harm is about to take place. Assault can be committed with or without a weapon. Felony Assault most often involves a dangerous weapon or motor vehicle.

 

Punishment can always include incarceration that can range from 60 days for misdemeanor assault or long term prison sentences for those who are accused of displaying a firearm or who have an extensive criminal conviction history.

 

Attorney Sherman has prosecuted and defended assault charges. The common characteristic of an assault is that the alleged victim’s character and credibility is most often at issue because the perception of an alleged victim that he or she believed they were going to be harmed is a perception that must conform to a reasonable person standard.

 

Under Florida Statute § 784.011, the offense of Assault requires that the prosecutor proves the following elements beyond all reasonable doubt:

  1. Defendant unlawfully and intentionally threatened by act or word to do violence to the alleged victim;
  2. At that moment, the defendant appeared to have the ability to carry out the threat; and
  3. The actions of the defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place.

Use the contact form here, or call 386-532-6000 to speak with an attorney today and schedule your free initial consultation.

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assaultAssault is threatening (non-physical) behavior that creates a well founded fear in another that harm is about to take place. Assault can be committed with or without a weapon. Felony Assault most often involves a dangerous weapon or motor vehicle.

 

Punishment can always include incarceration that can range from 60 days for misdemeanor assault or long term prison sentences for those who are accused of displaying a firearm or who have an extensive criminal conviction history.

Use the contact form here, or call 386-532-6000 to speak with a lawyer today and schedule your free initial consultation.​​

Attorney Sherman has prosecuted and defended assault charges. The common characteristic of an assault is that the alleged victim’s character and credibility is most often at issue because the perception of an alleged victim that he or she believed they were going to be harmed is a perception that must conform to a reasonable person standard.

 

Under Florida Statute § 784.011, the offense of Assault requires that the prosecutor proves the following elements beyond all reasonable doubt:

  1. Defendant unlawfully and intentionally threatened by act or word to do violence to the alleged victim;
  2. At that moment, the defendant appeared to have the ability to carry out the threat; and
  3. The actions of the defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place.

Under Florida Statute it is not necessary for the prosecutor to prove that the defendant had the intent to kill but does require proof of the above elements and that either:

  1. The assault was made with a deadly weapon, which is a weapon that is threatened to be used in a manner likely to cause great bodily harm or death; or
  2. The assault was made with a fully-formed, conscious intent to commit the crime upon the alleged victim.

Call the Orange City office for a free consultation 386-532-6000