An assault is when one person intentionally threatens to do harm to another. This threat can be conveyed by word or by act. In order for a threat to constitute an assault, the person making such threat must have the capability to carry out said act of violence and must commit some act that creates a reasonable fear in the other person that such violence is likely to actually occur.
In Florida, an assault is a second-degree misdemeanor. There is no actual “touching” required for the offense of assault and commonly it is confused with battery. An assault cannot occur over the phone, as there is no reasonable fear that something can immediately happen. Similarly, if the person is in a different state it is difficult to prove that an assault occurred. Threats conveyed over the phone may qualify as other crimes such as stalking or harassment but generally they will not amount to an assault. If you are charged with assault, you are strongly encouraged to seek legal counsel to determine if you have any valid defenses to such an allegation and to assist you in preparing your defense.
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If you are in need of a criminal defense attorney (lawyer) in Orange, Osceola, Seminole, Lake or other counties throughout Florida call Schwam-Wilcox & Associates at 407-245-7700, or Contact Us by completing the form below to schedule a consultation. Schwam-Wilcox & Associates is a firm you can trust, and our attorneys are ready to help you with your legal needs. The main office is conveniently located near Winter Park in Orlando, with appointments also available in The Villages.