§784.011, Fla.Stat.

To prove the crime of Assault, the State must prove the following three elements beyond a
reasonable doubt:

1. The Defendant intentionally and unlawfully threatened, either by word or act, to
do violence to the alleged victim;

2. At the time, the Defendant appeared to have the ability to carry out the threat; and

3. The act of the Defendant created in the mind of the alleged victim a well-founded
fear that the violence was about to take place.

Penalties for Assault
Assault is a misdemeanor of the second degree punishable by up to sixty days in jail and a fine
not exceeding $500.