Florida/Georgia Personal Injury & Workers Compensation

...Assault, in turn, is defined as “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.” Fla. Stat. § 784.011(1)....

person that such violence is imminent.” Fla. Stat. § 784.011(1). And, “[t]he fear contemplated by the statute

...remeditation at the time of the killing. Transferred intent; give if applicable If a person has a premeditated design to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated. (20) ASSAULT F.S. 784.011 [Amended] Before you can find the defendant guilty of Assault, the State must prove the following three elements beyond a reasonable doubt: Elements 1....

...Florida law defines misdemeanor assault as “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 in doing some act which creates a well-founded fear in such other person that such violence is imminent.” Fla. Stat. Ann. § 784.011 ....

...Each non- sexual act, independent of the sexual acts, would constitute a distinct crime under Florida law. In particular, the Incident began when the perpetrator hit the Victim on the head and threatened to kill her children – acts constituting an assault under section 784.011, Florida Statutes, and a battery under section 784.03....

..."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." § 784.011(1), Fla....

...Defendant contends that the statute creates a standard which is too vague and uncertain to be enforced. In our view the statute creates no such subjective standard, but in fact creates a "reasonable person" standard. The stalking statute bears a family resemblance to the assault statutes. See § 784.011(1), Fla....

...were not contained in the information. Florida law specifies that an essential element of any assault, including aggravated assault on a law enforcement officer, is an act creating a well founded fear in the victim that violence is imminent. Compare § 784.011, Fla....

...State, 669 So.2d 242, 245 (Fla. 1996) ("[C]ourts should avoid readings that would render part of a statute meaningless."). Many of the offenses triggering the surcharges, enumerated in sections 938.08 and 938.085, are unrelated to rape, sexual assault, or domestic violence. See § 784.011, Fla....

...An assault is defined as "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." § 784.011, Fla....

...A court cannot use an inherent component of the crime in question to justify departure. Baker v. State, 466 So.2d 1144 (Fla. 3d DCA 1985). Under Florida law, an essential element of the crime of assault and aggravated assault is that the defendant create a "well-founded fear" in the victim. § 784.011(1), 784.021, Fla....

...tion 828.042 as a second degree misdemeanor (punishable by up to 60 days imprisonment in the county jail, or a fine of $500, or both). Ch. 71-136, Laws of Fla. Chapter 74-383, Laws of Florida, substantially reworded the statutes proscribing assault (section 784.011), aggravated assault (section 784.021), battery (section 784.03), aggravated battery (section 784.045), and culpable negilgence (section 784.05)....

...775.082, s. 775.083, or s. 775.084. Otherwise, burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Fla.Stat.Ann. § 810.02 (West 1994). Florida’s assault statute, in its entirety, provides as follows: 784.011....

...act which creates a well-founded fear in *1514 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. Fla.Stat.Ann. § 784.011 (West 1992)....

...The charging document in this case (1) does not charge that Torrence assaulted Richard Graves, Jr., (2) alleges the word "assault" only in the disjunctive with words (force, violence, putting in fear) which are not legal equivalents of the word assault (see § 784.011(1), Fla....

...tenced only for the greater offense (Count III) and not both offenses because that position is an application of the old "single transaction rule" which was abolished by section 775.021(4), Florida Statutes. [12] Since the offense of simple assault (§ 784.011, Fla....

...while the officer... is engaged in the lawful performance of his duties, the offense for which the person is charged shall be reclassified as follows: .... (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. [2] Section 784.011(1), Florida Statutes (1995), defines assault as "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 i...

...Although not affecting the outcome of this case, the Legislature amended the criminal code effective July 1, 1975, and in so doing defined the crime of assault to include as an element thereof "some act which creates a well-founded fear in such other person that such violence is imminent." Fla. Stat. § 784.011(1) (Supp....

...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." Section 784.011(1), Fla....

...[4] The crimes of battery and aggravated battery cover those situations where actual injury is inflicted. [5] Section 777.04, Fla. Stat. (Supp. 1974). The penalties for attempted assault and assault itself are identical. Sections 777.04(4) (e) and 784.011(2), Fla....

...Moreover, there was no proof of an assault, defined by statute as "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." § 784.011(1), Fla....

...visions relating to habitual misdemeanants. See Ch. 88-131, §§ 6, 9, Laws of Fla. In the 1989 Florida Statutes, however, the legislature failed to delete references to section 775.084 in providing punishments for specified misdemeanors. See, e.g., Section 784.011(2), Fla....

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2006). The plain language of the

...5 An assault, for its part, 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.” Fla. Stat. § 784.011. 5 Though we technically examine the statute as it existed at the time of the relevant conviction, for ease of access we cite throughout this opinion to the present statute, unless the statute or statutes of convic...

with an apparent ability to do so.” [Fla. Stat. § 784.011] (emphasis supplied). Therefore, a conviction

...with a weapon and that statute specifically excludes "a felony in which the use of a weapon or firearm is an essential element ..." The crime of aggravated assault is already an enhanced penalty statute. It makes the penalty greater than an assault, Section 784.011, Florida Statutes (1975), if a weapon is used or a felony is intended....

...ent for kidnapping and to resentence appellant in accordance with section 787.01(2), Florida Statutes (1989). IV We affirm appellant's conviction of aggravated assault with a knife and sentence imposed thereon. This point on appeal concerns sections 784.011(1) and 784.02(1)(a), Florida Statutes (1989). Section 784.011(1) defines an "assault" as follows: [A]n 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....

...Hold for ransom or reward or as a shield or hostage. 2. Commit or facilitate commission of any felony. * * * * * * Section 784.021 provides as follows: 784.021 Aggravated assault. — (1) An "aggravated assault" is an assault: * * * * * * (b) With an intent to commit a felony. Section 784.011 provides as follows: 784.011 Assault....

...lt. The "assault" crime proscribed by Section 800.04 includes the elements of assault and battery, whether defined at common law or by statute. Carver v. State, 344 So.2d 1328 (Fla. 1st DCA), cert. denied, 352 So.2d 174 (Fla. 1977). Neither assault, § 784.011, Fla....

...Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. DANIEL, Judge. This is an appeal from judgment and sentence for the crime of robbery with a weapon, sections 812.13(1) and 812.13(2)(b), Florida Statutes (1985), and assault, section 784.011, Florida Statutes (1985)....

...lony cannot stand for the single act of displaying or carrying a firearm while committing a robbery. It necessarily follows, then, that appellant's conviction for the crimes of robbery with a weapon, sections 812.13(1) and 812.13(2)(b), and assault, section 784.011, cannot stand inasmuch as, under the factual circumstances here presented, assault is a necessarily lesser included offense of robbery with a weapon....

...230, 79 So. 639 (1918) for the proposition that a conditional threat does not support a well founded fear of harm. However, it appears that assault as defined in Bailey and assault as defined by the legislature are not exactly the same. Assault as defined by Section 784.011, Florida Statutes (1977) consists of 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....

...f both on double jeopardy grounds. However, aggravated assault and extortion each require an element that the other does not. Aggravated assault requires an "act which creates a well-founded fear in such other person that such violence is imminent." § 784.011, Fla....

...An assault is defined as "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." § 784.011(1), Fla....

...The trial court must therefore first examine the information to determine whether it alleges all of the elements of a lesser included offense. Doing that here, we find that the statutory definitions of aggravated assault, § 784.021, and simple assault, § 784.011, can be found in Count I....

...f the Arestys' barbecue grill on their outside deck with a "hammer or other instrument" alleged to constitute a "deadly weapon." Photos of the grill show that it was dented numerous times. The petition alleged that this incident was an assault under section 784.011 of the Florida Statutes, an aggravated assault *1133 under section 784.021 of the Florida Statutes ("because it was committed with a deadly weapon and/or with an intent to commit a felony, burglary under Florida Statute 810.02"), and stalking and aggravated stalking under section 784.048 of the Florida Statutes....

...But 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." See § 784.011, Fla....

...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." Section 784.011(a), Florida Statutes (1979)....

at 1338 (quoting Fla. Stat. § 784.011 (1) ). Florida's assault statutes are distinguishable

...on being a firearm. The crime charged is a third-degree felony [§ 784.021(2)], punishable by imprisonment for a term not exceeding five years. Sec. 775.082(3)(d), Fla. Stat. (1981). Simple assault, on the other hand, is a second-degree misdemeanor, Section 784.011(2), punishable by a term of imprisonment not to exceed sixty (60) days....

...State, 448 So.2d 1239 (Fla. 5th DCA 1984) (Cowart, J., concurring specially). NOTES [1] § 812.13(1), (2)(a), Fla. Stat. (1983). [2] §§ 782.04 and 777.04, Fla. Stat. (1983). [3] § 784.021, Fla. Stat. (1983). [4] § 775.087(2), Fla. Stat. (1983). [5] § 784.011, Fla....

...[6] The Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Florida Standard Jury Instructions in Criminal Cases, (1981 ed.); see In Re the Use of Florida Standard Jury Instructions In Criminal Cases, 431 So.2d 594 (Fla. 1981). [7] Section 784.011 defines "assault" as an: ......

...(b) any offense which as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence. (emphasis supplied) [1] § 784.011, Fla....

..."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." § 784.011, Fla....

...That being so, we need not reach defendant's arguments regarding subparagraph 2. Defendant next argues that his convictions for aggravated assault (of Janelle, Malika and Yohancey) were improper because there was no testimony from these victims that defendant created a well-founded fear that violence was imminent. See §§ 784.011, 784.021, Fla....

...State, 347 So.2d 1087, 1088 (Fla. 3d DCA 1977). In this case there is a factual basis on which the jury could find fear on the part of the victims. Under the circumstances existing here, any reasonable person would have "a well founded fear of imminent violence." § 784.011, Fla....

...The trial court granted the motion, and the State appealed. Id. This court affirmed and held that to obtain a conviction the State had to prove that the defendant had the intent to do violence to the victims. Id. However, this was a misstatement of the law. [1] Section 784.011(1), Florida Statutes (2006), defines assault as follows: "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] In reaching the conclusion that section 784.011 required the State to prove that the defendant had the intent to do violence, Shorette relied on Russell v....

...or excessive or repeated infliction of unnecessary pain. See id. (explaining the statute is one "that prohibits either a specific voluntary act or something that is substantially certain to result from the act") (quoting Linehan, 442 So.2d at 247)). Section 784.011(1) requires proof of an intentional threat that creates a fear of imminent violence....

...The evidence simply did not show that Mr. Pinkney knew or likely knew that Officer Zammitt was standing in his direction of travel. But I do agree with the majority to the extent that it recedes from Shorette, 404 So.2d at 817, based on that case's misstatement of law that section 784.011(1) "requires proof of a specific intent to do violence to the person of another." See generally Cambell v....

...results in the same conclusion of law—that the State failed to present prima facie evidence of the elements of an assault. To obtain a conviction on a charge of aggravated assault, the State must prove the basic elements of an assault as set out in section 784.011....

..."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." § 784.011(1)....

...There is no need to resort to statutory construction and legislative history. The assault statute requires the State to prove that the "unlawful threat by word or act to do violence" created "a well-founded fear" in the victim to support a conviction. § 784.011(1), Fla....

...1 removed from his pocket by a person accompanying the police. The first issue raised in this appeal is the sufficiency of the evidence to support the charge of aggravated assault, a point which was properly preserved below. An assault is defined in Section 784.011(1), Florida Statutes (1979), as: 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....

...a dwelling, but also sentenced appellant to a concurrent 15 years imprisonment on Count I, the assault, and to a concurrent 15 years imprisonment on Count III, the battery. The assault conviction under Count I is a misdemeanor of the second degree (§ 784.011(2), Fla....

...An "assault" is defined as "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." § 784.011(1), Fla....

...The assault statute defined the offense as: "[A]n 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 person that such violence is imminent." § 784.011(1), Fla....

...State, 724 So.2d 1176 (Fla.1998). Casselman also argues that all the elements of assault on a law enforcement officer and battery on a law enforcement officer are contained in the statute which addresses resisting an officer with violence. See §§ 784.07 (a)(2)(a); 784.011; 784.03; 784.07(2)(b) and 843.01, Fla.Stat....

...4th DCA 1984); Reynolds v. State, 429 So.2d 1331, 1333 (Fla. 5th DCA 1983). AFFIRMED in part; REVERSED in part; REMANDED for Resentencing. DAUKSCH and PLEUS, JJ., concur. NOTES [1] §§ 784.03, 784.07(2)(b), Fla.Stat. (1997). [2] § 843.01, Fla.Stat. (1997). [3] §§ 784.011, 784.07(2), Fla.Stat....

...3d DCA 1979). [6] Section 784.03 provides: (1)(a) The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other.... The offense of assault on a law enforcement officer is set forth in section 784.011. The punishment for this offense is also enhanced by section 784.07(2). Section 784.011 provides: (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....

...This act did not constitute stalking because the statute requires repeated acts. See § 784.048(2). Further, the act did not otherwise qualify as an act of violence because it was not an assault or any other offense listed in section 784.046(1)(a). Assault is defined in section 784.011(1), as "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...

...As asserted by the defendant here, the jury, based upon the instructions given could have found the defendant guilty finding that the defendant threatened Barber and that Hickson (but not Barber) was frightened by the threat. However, such a scenario would not constitute the crime of aggravated assault. See § 784.011, Fla....

...g at the elements of the offense). Undisputedly, burglary is a felony. By definition, an assault always involves an "intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so. ..." § 784.011(1), Fla....

...The court there was confronted with an Information containing two counts, each related to the underlying crime of battery. The only distinction which may be significant is the fact that Section 784.03, Florida Statutes (1977), provides that battery may be committed in two different ways, whereas Section 784.011 gives a single definition of assault....

...The defendant now argues the trial court erred in denying the motion for judgment of acquittal because the evidence failed to show he threatened the officer by word or act. In essence, he suggests there was no proof of the first element of an "assault." Section 784.011, Florida Statutes (2004), defines an assault as "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." § 784.011(1), Fla....

fear of such violence being done." Fla. Stat. § 784.011 ; State v. Wilson , 276 So. 2d 45, 46 (Fla. 1973)

not entitled to it]. Definitions. Assault. § 784-011 Fla. Stat. Give if applicable. An “assault” is

...[2] "Assault" is defined as "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." § 784.011(1), Fla....

...was inside a locked apartment, L.C. did not have, or appear to have, the ability to carry out the threat. We agree. To commit an assault, there must not only be a threat to do violence but there must be an apparent ability to carry out that threat. See § 784.011(1), Fla....

...An assault is defined by statute as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with the apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. See § 784.011, Fla....

...ct that may have previously been covered by earlier subsections. For example, the defendant could possibly be charged with the commission of an indecent assault in the presence of a child, prohibited under section 800.04(1). An assault is defined in section 784.011(1), Florida Statutes (1997), as, among other things: "[A]n 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...

...There is no question in my mind the legislature meant to and did proscribe a crime of violence when it enacted this statute and made this battery a more serious crime because sexual organs are involved. In the vast majority of cases, if not all cases, a bare assault Section 784.011, Florida Statutes (1977) or simple battery Section 784.03, Florida Statutes (1977) are less injurious than the sexual violence which the statute does not limit to those acts mentioned in the majority opinion....

...by the double jeopardy clause. Stone was charged by an information with assault [2] and improper display of a dangerous weapon. [3] He pled guilty to improper display, and the trial court on its own motion dismissed the count based on a violation of Section 784.011, Florida Statutes (1979)....

...le jeopardy clause. Stone's conviction and sentence for aggravated assault are therefore vacated, and the judgment appealed is REVERSED. DAUKSCH, C.J., and COBB, J., concur. NOTES [1] U.S.Const. Amend. V and Amend. XIV; Art. I, § 9, Fla. Const. [2] § 784.011, Fla....

...State, 386 So.2d 869 (Fla. 1st DCA 1980); Irving v. State, 337 So.2d 1014 (Fla. 2d DCA 1976), cert. denied, 348 So.2d 953 (Fla. 1977). [6] An assault is a "threat ... to do violence ... which creates a well-founded fear ... that such violence is imminent." § 784.011(1), Fla....

...We note, however, that the decision in Tascano is expressly made retroactive to cases tried before Tascano in which the defendant preserved the point on appeal. [3] James was convicted of the lowest possible offense, assault, a second-degree misdemeanor. § 784.011, Fla....

...hat violence was imminent). As was noted in James, such a scenario does not constitute the crime of aggravated assault. 706 So.2d at 64. Aggravated assault requires that the person who is threatened experience the fear that violence is imminent. See § 784.011, Fla....

...The two sentences were designated to run concurrently. Discussion On appeal, the only issue Mr. Swift raises is the sufficiency of the evidence to support his conviction on the aggravated assault charge. Mr. Swift argues that the State failed to establish the elements of an assault. We agree. Section 784.011, Florida Statutes (2004), defines an assault as "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." § 784.011(1)....

...The crime of assault is defined as "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." See § 784.011, Fla....

...(if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§ 775.082(4)(a); 921.0024(2). ___ Guilty of Assault, a lesser included Degree of Misdemeanor:Second Degree. § 784.011(2) (providing that assault is a second-degree misdemeanor)....

person that violence is imminent.” Fla. Stat. § 784.011(1). And, “[t]he fear contemplated by the statute

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2012).

...The state's petition, the accusatory pleading in this case, charged that appellant unlawfully assaulted a named individual with a deadly weapon, an automobile, without intent to kill. Such an act constitutes aggravated assault. Section 784.021(1)(a), Florida Statutes (1977). Section 784.011 defines an assault as 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....

...The offense of aggravated assault under Section 784.021, Florida Statutes, is also a felony of the third degree. Under Section 784.03 the crime of battery is a misdemeanor of the first degree. The crime of attempted battery, under Section 777.04 is a misdemeanor of the second degree. The offense of assault under Section 784.011 is also a misdemeanor of the second degree....

...defined as "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." § 784.011(1), Fla....

there was a reasonable indication of an assault, § 784,011, Fla. Stat. (1989), or similar crime. [4] The

...s abolished by section 775.021(4), Florida Statutes. Utilization of the correct theory, a substantive analysis of the statutes and charges involved, reveals that these two offenses are as substantively different as are the offense of simple assault (§ 784.011, Fla....

...(1981)) and the offense of battery (§ 784.03, Fla. Stat. (1981)). This is because the enhanced burglary offense is committed when, in the course of committing a burglary, the burglar "makes an assault upon any person" (§ 810.02(2)(a), Fla. Stat. (1981)). An assault as defined in section 784.011(1), Florida Statutes (1981), and a battery as defined in section 784.03(1), Florida Statutes (1981), are substantively different offenses because each offense has essential constituent elements that the other does not have; that is, each offense can be committed without necessarily commiting the other offense. This is so because one can make "an intentional, unlawful threat by word or act to do violence to the person of another and do some act which creates a well-founded fear in such other person that such violence is imminent" (§ 784.011(1), Fla....

...At common law a criminal assault was an unlawful attempt to do bodily harm to another. Therefore, at common law an assault was an attempted battery and, consequently, every battery included an assault. However, in Florida today this is not true under the statutory definition of assault in section 784.011, Florida Statutes (1981)....

...810, which relates to burglary and trespass, but it is quite another question as to whether the word "assault" as used in section 810.02(2)(a), Florida Statutes, means the common law crime of an attempted battery or the statutory offense defined in section 784.011(1), Florida Statutes....

...2d DCA 1980), held that sexual battery could constitute an assault within the meaning of the burglary statute, we conclude the word "assault" as used in Section 810.02, Florida Statutes (1977), the burglary statute, should be defined by reference to Section 784.011 and Section 784.021, Florida Statutes (1979)....

...Cambell argues that the case law establishes that the State was required to prove that the accused intended to do physical harm to the victim, in addition to the other elements described above. We conclude, however, that this position is invalid. *950 Section 784.011(1), Florida Statutes (2008), defines an "assault." That statute declares that: 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. (Emphasis added). Section 784.021(1), Florida Statutes (2008), builds upon section 784.011(1) in defining an "aggravated assault." Section 784.021(1) reads as follows: (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....

...Briefly, the victim was behind a vehicle being driven by the accused when the accused began to back up. There was, however, no evidence that the accused knew that the victim was behind him. The Second District Court after enumerating the statutory requirements set forth in section 784.011, Florida Statutes, stated that "[i]n order to establish an aggravated assault, the State must prove that the defendant had a specific intent to do violence to the person of another." Despite this language, the focus of the appellate c...

...Stat. (1975); § 782.04(1)(a), Fla. Stat. (1975). A prior trial on this charge was held which resulted in a mistrial. [2] The assault statute in effect at the time of the alleged offense was § 784.02, Fla. Stat. (1973). Assault is now proscribed by § 784.011, Fla....

...ury that a deadly weapon was used in an assault. We hold that the evidence does not support the charge of aggravated assault and we reverse the judgment and sentence with directions to enter a judgment and sentence for assault pursuant to Fla. Stat. § 784.011....

...Regarding the alleged second incident, the testimony given at the injunction hearing was that Appellant yelled profanities and threats at Clough and Doughty. There is no indication that Appellant threatened to do violence, or that he took some action that could have created a well-founded fear that violence was imminent. See § 784.011(1), Fla....

...ged in count II. If the charges of aggravated battery and the aggravated assault are both based on the use of a deadly weapon (§ 784.045(1)(b) and § 784.021(1)(a)), as they are in this case, in essence the legal question is whether simple assault (§ 784.011, Fla....

...(1983)) is a necessary lesser included offense of simple battery (§ 784.03, Fla. Stat. (1983)). It is not. This legal point is considered in some depth in the specially concurring opinion in Savino v. State, 447 So.2d 411 (Fla. 5th DCA 1984), and need not be repeated here. Because statutory assault (§ 784.011, Fla....

...As asserted by the defendant here, the jury, based upon the instructions given could have found the defendant guilty finding that the defendant threatened Barber and that Hickson (but not Barber) was frightened by the threat. However, such a scenario would not constitute the crime of aggravated assault. See § 784.011, Fla....

...acts concerning the circumstances under which the threat was uttered and thus we cannot evaluate the basis upon which the court determined that the language qualified as "fighting words." Assault, with which Anderson also charged Bell, is defined by Section 784.011(1), Florida Statutes (1977), as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with the apparent ability to do so, and doing some act which creates a well founded fear of such violence being done....

...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." § 784.011(1), Fla....

...Turning to the merits, an "assault" is defined as "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." § 784.011(1), Fla....

...ient to deprive Mr. LaFleur of his status as "parent" under section 787.01(1)(b). There is no question that Mr. Muniz's behavior was inappropriate. We are inclined to believe that the State could have charged Mr. Muniz with assault on the child, see § 784.011, Fla....

“Assault” is defined separately in Florida Statute § 784.011 as “an intentional, unlawful threat by word or

...ession and use of a gun during the robbery and kidnapping of Roger Nasser was far outweighed by prejudicial effect. While the jury found that Lebron possessed a gun at the time of Nasser's assault, [3] simple assault is only a misdemeanor crime, see § 784.011(2), Fla....

...(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084. An aggravated assault of a law enforcement officer is a second degree felony. See § 784.07(2), Fla. Stat. An "assault" is defined in section 784.011, Florida Statutes, as "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 s...

...elony murder since it was not included in the elements of count II and therefore Pray was not acquitted of this charge. We reject this argument, however, because there was no proof to support a conviction of aggravated assault. Assault is defined in section 784.011 as: [A]n 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....

constitute the crime of aggravated assault. See § 784.011, Fla. Stat. (defining criminal assault as “an

those cases are not entirely accurate. . See § 784.011, Fla. Stat. (2011). . We recognize that the

...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." § 784.011(1), Fla....

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2014). Aggravated assault is “an

...ts of both and the facts necessary to support both.'" Id. at 1240 ( quoting Salas v. State, 591 So.2d 257, 258 (Fla. 4th DCA 1991)). The information filed against Wilburn did not set forth all the elements of aggravated assault with a firearm. See §§ 784.011-.021, Fla. Stat. (1999). Specifically, the information did not allege that Wilburn created the requisite fear in the mind of his victim. See § 784.011(1)....

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2009). Appellant was charged and

...Battery, a category 1 lesser included offense of sexual battery under section 794.011, is a first degree misdemeanor under section 784.03. Assault, a category 2 lesser included offense of sexual battery under section 794.011, is a second degree misdemeanor under section 784.011....

...Section 921.16 is inclusive, and it places the burden on the trial judge to sentence with certainty. Hall. We reverse and remand to the trial court to provide that the sentences shall be served concurrently. REVERSED AND REMANDED. PETERSON and MONACO, JJ., concur. NOTES [1] Section 794.011(3), a life felony. [2] Section 784.011, a misdemeanor....

— always includes the threat to do violence. § 784.011(1), Fla. Stat. (2006). Battery, on the other hand

...Though this court noted the trial court used "or" in the jury instructions rather than "and/or," we nonetheless found the trial court's instruction to be fundamentally erroneous because aggravated assault required that a person who is threatened experience the fear that violence is imminent. Id. at 416 (citing § 784.011, Fla....

...As these cases make clear, assault and battery are intentional torts; to commit an assault or battery, an actor must intend to cause apprehension or unwanted physical contact. And the same is true of assault and battery in criminal law; intent is an element of the offense. See § 784.011(1), Fla....

other person that such violence is imminent.” § 784.011(1). However, mere shouting and obscene hand gestures

...ffense of assault or aggravated assault. [1] We recognize that our holding is in direct conflict with the Florida Standard Jury Instructions on assault, [2] and that the Legislature has now adopted a nearly verbatim definition of assault. Fla. Stat. § 784.011 (Supp....

...r. "A bare 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 of such violence being done." [3] Fla. Stat. § 784.011(1) (Supp....

...other, 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." [4] Hopefully, at its next session the Legislature will see fit to eliminate from Fla. Stat. § 784.011 the requirement that the victim be put in fear of an imminent peril.

...The assault statute define[s] the offense as: `[A]n 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 wellfounded fear in such person that such violence is imminent.' § 784.011(1), Fla....

..., not its receipt and the striking of fear in the mind of the recipient. Mauldin v. State, 9 So.3d 25 (Fla. 4th DCA 2009), cited by the majority, is also inapplicable, because the unit of prosecution under the assault statute is a single person. See § 784.011(1), Fla....

...lorida Statutes. In contrast, threatening the victim by word or act, and putting the victim in fear by shooting a firearm are not distinct, separate means for committing assault, but are two of the three elements of the single offense, as defined in section 784.011, Florida Statutes (2001): (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....

...o commit a felony. § 784.021, Fla. Stat. (1993). An assault is the intentional, unlawful threat by word or act to do violence to a person with the apparent ability to do so which creates a well-founded fear in such person that violence is imminent. § 784.011(1), Fla....

...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.” § 784.011(1), Fla....

rape, sexual assault, or domestic violence. See § 784.011, Fla. Stat. (2005) (assault); § 784.021, Fla.

...the state for the purpose of proving the requisite specific intent to commit an assault was not sufficient, because such evidence requires "the doing of some act which creates a well-founded fear in some other person that such violence is imminent," Section 784.011, Florida Statutes, and that there could be no well-founded fear under the circumstances because appellant was unarmed at all times during his entry in the *1282 home, whereas both Mr....

other person that such violence is imminent." § 784.011(1), Fla. Stat. (2009). Appellant was charged and

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2014). 2 So the first question

that fall short of assault, as defined by section 784.011, may form the basis of an aggravated stalking

...4th DCA 1993) (improper for the state to query officer about his "unblemished record"). NOTES [1] § 843.01, Fla. Stat. (1991). [2] §§ 784.021(1)(a), 784.07(2)(c), Fla. Stat. (1991). [3] Six-foot-two inches; 230 pounds. [4] § 784.021(1)(a), Fla. Stat. (1991). [5] § 784.07(2), Fla. Stat. (1991). [6] § 784.011, Fla....

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2011). In Titsch, one of the incidents

well-founded fear that violence was imminent. See § 784.011(1), Fla. Stat. (1995); State v. White, 324 So

that such violence is imminent. Fla. Stat. § 784.011. In 2013, we held that a movant’s

establish a prima facie case. Pursuant to section 784.011(1), Florida Statutes (2021), an “assault”

assault his ex-wife as that term is defined in section 784.011. Accordingly, the denial of the motion to suppress

082, s. 775.083, or s. 775.084."), with § 784.011(2) ("Whoever commits an assault shall be

082, s. 775.083, or s. 775.084."), with § 784.011(2) ("Whoever commits an assault shall be

threatened person as an element to be proven. See § 784.011, Fla. Stat. (defining “assault” in terms of a

...includes “assault,” which, in turn, requires proof of an intentional and unlawful threat to do violence, the apparent ability to do so, “and doing some act which creates a well-founded fear in such other person that such violence is imminent.” § 784.011(1), Fla....

apparent ability to carry out that threat. See § 784.011(1), Fla. Stat. (2000). No evidence was introduced

Section 784.021(l)(a), Florida Statutes (1977). Section 784.011 defines an assault as an intentional, unlawful

correct [its] mistake in Williams”); see also § 784.011(1), Fla. Stat. (2021) (“An ‘assault’ is an intentional

by word or act to do violence” to the officer. § 784.011(1), Fla. Stat. (1999). We therefore reverse the

...“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.” § 784.011(1), Fla....

regarding an element of Florida’s assault statute, section 784.011(1), Florida Statutes. We have jurisdiction

assault in order to qualify as a felony. Fla. Stat. § 784.011(2). Under Florida law, an assault is “an intentional

arrested. The evidence satisfies the elements of section 784.011(1), Florida Statutes (2000). Even if the threats

other person that such violence is imminent.” § 784.011(1), Fla.Stat. (emphasis added). The term “weapon”

trial). This definition tracks the language of section 784.011, Florida Statutes (1979).

Aggravated Assault, is in turn defined by section 784.011, Florida Statutes, which provides: (1) An “assault”

degree misdemeanor, is 60 days imprisonment under § 784.011(2), Florida Statutes, and second that he may not

assault or battery upon any person . . . . Section 784.011(1), Florida Statutes (2017) defines “assault”

were placed in fear of imminent violence. See § 784.011(1), Fla. Stat. (2001); State v. Von Deck, 607

” § 784.021(1)(a). “Assault” is defined in section 784.011(1), Florida Statutes (2014), as “an intentional

been charged with assault in violation of section 784.011, Florida Statutes, is entitled to trial by

as a lesser included offense of kidnapping. Section 784.011, Florida Statutes (1997), defines an assault

imminent.” § 784.011, Fla. Stat. (2012) (emphasis added). To prove assault, section 784.011, Florida Statutes

second-degree misdemeanor in violation of section 784.011, Florida Statutes (1993). Additionally, in

REVERSED. PETERSON and SAWAYA, JJ., concur. . § 784.011, Fla.Stat. (1998) . For this reason, the state's

imminent,” an essential element of assault. See § 784.011(1), Fla. Stat. (2015) (“An ‘assault’ is an intentional

establish that J.P. was guilty of assault. See § 784.011(1), Fla. Stat. (2011) (“An ‘assault’ is an intentional

to commit a felony. Assault is defined in section 784.011, Fla.Stat. (1983), as an intentional, unlawful

plain meaning of the legislature’s words in section 784.011(1), Florida Statutes (2009). Among other offenses

...CASANUEVA, C.J., Concurs in result only with opinion. CASANUEVA, C.J., Concurring in result only. I concur in the affirmance only because binding case law mandates the result. However, I write to express my concern that our case law deviates from the plain meaning of the legislature's words in section 784.011(1), Florida Statutes (2009)....

...THE STATUTE 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. § 784.011(1)....

But here proof of intent is questionable. See § 784.011(1) (defining assault, in part, as “an intentional

014(2)(b), 784.011 and 784.07, Fla.Stat. (1989); and § 784.011, Fla.Stat. (1989).

...Thus, Singletary did not commit any acts of violence directed toward Greever on that occasion. Additionally, the incident at the credit union did not involve a threat of violence that amounted to an assault because there was no overt act demonstrating that the violence was imminent. See § 784.011(1); Santiago v....

So. 2d 321, 322 (Fla. 4th DCA 2004) (quoting § 784.011(1), Fla. Stat. (2003)). Threatening to kill someone

[Officer Tubman] that such violence [was] imminent.” § 784.011(1), Fla.Stat. (1983), as incorporated by § 784

...a material fact.” Guerrero v. State, 125 So. 3d 811, 814 (Fla. 4th DCA 2013) (citation omitted). In order to prove a burglary with the intent to commit an assault, the state was required to prove the crime of assault, which was in violation of section 784.011(1), Florida Statutes (2011)....

...prejudice, as the jury had already heard appellant’s threats to kill the wife and children; this evidence was necessary to show his degree of hostility toward the victims, which created a “well-founded fear” in them—an element of the assault for which he was charged. See § 784.011(1), Fla. Stat....

(1973). . § 794.011(5), Fla.Stat. (1975). . § 784.011, Fla.Stat. (1975). . § 784.03, Fla.Stat. (1975)

1817, 1822 (2021). In Fla. Stat. § 784.011(1), Florida defines a simple “assault” as

...Bryant argues that because Freytes-Calderon did not testify at trial, the State failed to prove two elements of the crime: that he [Bryant] threatened to do violence toward Freytes-Calderon and that Freytes-Calderon was in fear of imminent harm. See § 784.011(1), Fla....

well-founded fear that violence is imminent. § 784.011, Fla. Stat. (2014). The issue in this case is

person that such violence is imminent." § 784.011(1), Fla. Stat. (2022). An aggravated assault requires

...Nor did using “and/or” to charge the conspiracy, without specifying which movie patron was (or patrons were) the object of the conspiracy, prejudice the defense here. In assault cases, the state must prove the victim was in fear. See § 784.011(1), Fla....

second degree misdemeanor. The State agrees. See § 784.011(2), Fla. Stat. (2018) ("Whoever commits an assault

second degree misdemeanor. The State agrees. See § 784.011(2), Fla. Stat. (2018) (“Whoever commits an assault

second degree misdemeanor. The State agrees. See § 784.011(2), Fla. Stat. (2018) ("Whoever commits an assault

other person that such violence is imminent.” § 784.011(1), Fla.Stat. (1991); see also, Johnson v. Brooks

...Dawson was in his own yard behind a fence and the appellant was across the road. At the close of the state's case, the appellant made a motion *24 for judgment of acquittal, which the trial court denied. The state failed to prove the essential elements of assault. See § 784.011, Fla....

prove the essential elements of assault. See § 784.011, Fla. Stat. (1991). The state’s evidence failed

out, the offense of assault as defined in section 784.011(1), Florida Statutes (1991), involves an unlawful

...Assault, in turn, is defined as “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.” Fla. Stat. § 784.011(1)....

pursuant to sections 784.011(1) and 784.081(2). Section 784.011(1) of the Florida Statutes (2009) states: An

...General, for appellee. Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge. SHEPHERD, J. H.W. appeals an order denying his motion for judgment of dismissal and adjudicating him guilty of assault on a school administrator, contrary to sections 784.011 and 784.081 of the Florida Statutes (2009)....

...in a separate room, after which H.W. stated, "that bit—is going to die today right after school; you watch." Officer Martinez handcuffed H.W. and conducted his investigation. DISCUSSION H.W. was charged with assault on a specified official or employee, pursuant to sections 784.011(1) and 784.081(2). Section 784.011(1) of the Florida Statutes (2009) states: 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 *145 fear in such other person that such violence is imminent....

end of the trial, not at the beginning.”). Section 784.011(1), Florida Statutes (2012), defines an assault

simple assault is a second degree misdemeanor. § 784.011(1), Florida Statutes (1989). AFFIRMED IN PART;

to it]. Definitions. Assault. § 784.011 . Fla. Stat. Give if applicable

bicycles, swamp buggies, or mopeds. Assault. § 784.011 Fla. Stat. Give if applicable. An “assault” is

other person that such violence is imminent.” Section 784.011(a), Florida Statutes (1979). The only aspect

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2019). Although there was testimony

judgment against Shephard on due process grounds. . § 784.011, Fla.Stat. (1983). . § 784.03, Fla.Stat. (1983)

...e to the person of another, coupled with an apparent ability to do so, and in doing some act 4 which creates a well-founded fear in such other person that such violence is imminent.” Fla. Stat. Ann. § 784.011 2 By the time he finished talking with Knight’s ex-girlfriend, Officer Jacobson had heard enough to warrant a prudent person to believe that Knight had intentionally threatened to do violence to her and that Knight, who lived ne...

constitutes a second degree misdemeanor under Section 784.011. If an assault is committed with a deadly weapon

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2013). In other words, “[a] person’s

definition for a particular crime of assault, section 784.011, but that does not mean that every time that

other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2009). The offense of battery

necessary for an aggravated assault conviction. See § 784.011(1), Fla.Stat. (1999); State v. Von Deck, 607 So

sixty days for the simple assault conviction, Section 784.011(2), Florida Statutes (1983), and its order

SCHEB, C. J., and BOARDMAN, J., concur. . Section 784.011, Florida Statutes (1979), defines assault to

assault as defined in Fla. Stat. § 784.011(1) -- “an intentional, unlawful USCA11 Case: 19-11484

other person that such violence is imminent,” § 784.011(1), Fla. Stat. (2009), or battery — which occurs

mop handle several times at the individual. See § 784.011(1), Fla. Stat. In order to get control of the