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F.S. 784.011 [Misdemeanor – Second Degree]

Before you can find a person guilty of Assault, the State Attorney’s Office 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 the victim, and
  2. At the time of the act the Defendant appeared to have the ability to carry out the threat, and
  3. The act of the Defendant created in the mind of the victim a well-founded fear that violence was about to take place.

1. Well founded fear cannot be a fear that at some unspecified time in the future violence may take place. The fear must trigger an immediate reaction.

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