How To Prove A Florida Assault Claim
In Florida, a claim of Assault is defined as:
Assault is a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in fear of such harm or contact.
It simply means:
Using threats or force to make someone believe they are going to be physically harmed.
There are 3 elements of the claim:
- Element 1. The defendant intentionally and unlawfully threatened, by word or act, to do violence to plaintiff. The defendant clearly and deliberately made a threat, either through their words or actions, indicating they intended to harm the plaintiff, which is a key part of proving an assault claim.
Facts that might support this element look like:
* The defendant approached the plaintiff in a threatening manner, raising their voice and making aggressive gestures.
* The defendant explicitly stated, “I will hurt you if you don’t leave me alone,” in a loud and intimidating tone.
* Witnesses observed the defendant clenching their fists and stepping toward the plaintiff while making violent threats.
* The defendant sent a series of text messages to the plaintiff, stating intentions to cause physical harm.
* The defendant was seen brandishing a weapon while making threats against the plaintiff in a public setting. - Element 2. The defendant had apparent ability to carry out such threat. The defendant seemed capable of following through on their threat, meaning they had the physical ability or means to cause harm, which is an important factor in determining whether an assault occurred.
Facts that might support this element look like:
* The defendant was observed brandishing a weapon in a threatening manner towards the plaintiff in a public setting.
* Witnesses reported that the defendant verbally threatened the plaintiff while standing just a few feet away, demonstrating proximity and intent.
* The defendant had a history of aggressive behavior, including previous altercations with the plaintiff, which heightened the perceived threat.
* The defendant’s physical stature and demeanor suggested an ability to inflict harm, contributing to the plaintiff’s fear.
* The defendant made no effort to de-escalate the situation, instead advancing towards the plaintiff while maintaining a hostile posture. - Element 3. The actions of the defendant created in the mind of plaintiff a well-founded fear that violence was about to occur. The defendant’s behavior made the plaintiff genuinely believe that they were about to be harmed, causing a reasonable fear of imminent violence.
Facts that might support this element look like:
* The defendant approached the plaintiff aggressively, invading their personal space and using threatening body language.
* The defendant made verbal threats, stating they would “make the plaintiff pay” for a perceived slight.
* The defendant had a history of violent behavior, which the plaintiff was aware of prior to the incident.
* The defendant raised their voice and clenched their fists while staring directly at the plaintiff, creating an atmosphere of intimidation.
* The plaintiff observed the defendant brandishing a weapon during the confrontation, heightening their fear of imminent violence.
(See Florida Statutes – 784.011(1). Zama v. State, 54 So. 3d 1075 (FL Court of Appeals 2011). State v. White, 324 So. 2d 630 (FL Supreme Court 1975).)
If you’re in court without a lawyer and plan to assert a Claim of Assault, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Claim of Assault.
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