784.011
Assault.
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784.011 Assault.—
(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.
History.—s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224; s. 4, ch. 2021-6.
Note.—Former s. 784.02.
Notes of Decisions
Cited in 255
cases (29 in the last 5 years), 1975–2026 · leading case: Pinkney v. State
Pinkney v. State (2011)
“" [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.”
United States v. Isaac Seabrooks (2016)
“” Fla. Stat. § 784.011 (1). And, “[t]he fear contemplated by the statute is the fear of death or great bodily harm.”
United States v. Warren Travis Golden (2017)
“” [ Fla. Stat. § 784.011 ] (emphasis supplied).”
State v. Hackley (2012)
““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.”
Michael Turner v. Warden Coleman FCI (Medium) (2013)
“” 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 conviction have been revised in relevant part…”
Salazar v. State (2008)
“" § 784.011(1), Fla. Stat. (2000). Similarly, "terror" is defined as "a state of intense fear," and to "terrorize" is "to coerce by threat or violence.”
United States v. Derwin Fritts (2016)
“” Fla. Stat. § 784.011 (1). And, “[t]he fear contemplated by the statute is the fear of death or great bodily harm.”
Savino v. State (1984)
“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. Stat. (1981)) and the offense of battery (§ 784.”
Torrence v. State (1983)
“[12] Since the offense of simple assault (§ 784.011, Fla. Stat.) and the firearm offense (§ 790.”
United States v. Terin Moss (2019)
“at 1338 (quoting Fla. Stat. § 784.011 (1) ). Florida's assault statutes are distinguishable, however, from Georgia's assault statutes.”
Cambell v. State (2010)
“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…”
Benitez v. State (2005)
“" 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…”
— 784.011(1) — 98 cases
Pinkney v. State (2011)
“" [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.”
State v. Hackley (2012)
““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.”
Salazar v. State (2008)
“" § 784.011(1), Fla. Stat. (2000). Similarly, "terror" is defined as "a state of intense fear," and to "terrorize" is "to coerce by threat or violence.”
Suggs v. State (2011)
Pallas v. State (1994)
— 784.011(2) — 16 cases
Shieder v. State (1983)
Burdick v. State (1991)
Lebron v. State (2005)
Chambers v. State (2007)
Shova v. Eller (1992)
— 784.011(3) — 1 case
DREAM DEFENDERS v. DESANTIS (2021)
— 784.011(a) — 2 cases
M. M. v. State (1980)
MM v. State (1980)
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