ASSAULT/AGGRAVATED ASSUALT
Orlando criminal violent crimes defense attorney David A. Faulkner represents individuals accused of a variety of state criminal violent crimes charges, including the
The Florida Statutes governing the crimes of assault and aggravated assault are as follows:
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.
784.021. Aggravated assault
(1) An "aggravated assault" is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree
As you can see from the statute text provided above, the cornerstone of these crimes is that the accused must take some act that puts the alleged victim in fear. The fear must be well-founded (i.e., not unreasonable) and the person threatening must have the apparent ability to carry out the threat.
If you, a friend or a family member has questions about an assault or aggravated assault charge, then Orlando criminal violent crimes defense attorney David A. Faulkner may be able to assit. Contact him today. |