Criminal Defense in Your Neck of the Woods
The misdemeanor crime of assault is a difficult charge for the State of Florida to prove against a criminal defendant. To prove assault the prosecutor must show beyond a reasonable doubt that the person alleged : (1)committed an intentional, unlawful threat by word or act to do violence to the person of another (2) coupled with the apparent ability to do so, and (3) doing some act which creates a well founded fear in such other person that such violence is imminent.
Many times the State Attorney’s Office will charge assault because they do not have the necessary elements to prove a battery occurred. This charge is difficult to prove because the third element, “well founded fear, “ is an opinion element only. An assault is a second degree misdemeanor and is only punishable at the very most by up to 6 months in county jail, 6 months probation, or a $500 fine. Many times a motion to dismiss should be filed prior to trial in an assault; thereafter, if the State can not prove every element of the crime the Judge will throw out the case.
Contact Sanford Criminal Defense Attorney, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have been arrested for the crime of assault.