What constitutes "assault" under Florida law?

Under Florida law, "assault" is defined primarily as an intentional threat of violence that creates a well-founded fear in the victim of imminent harm. For an act to qualify as assault, it must involve both the intent to commit a violent act and the ability to carry out that threat. This means that the victim must perceive a credible threat of violence, which is crucial to the definition of assault.

The definition encompasses not only the mental aspect of threat but also the victim's perception of that threat as credible, and the potential for the assailant to execute the threat. This understanding adds a layer of nuance to the definition, setting it apart from other options that do not fully capture these elements.

For example, while intentional and unlawful touching might relate to battery, it does not constitute assault unless there is a credible threat involved. Merely making verbal threats or causing fear, in general, does not encapsulate the specific legal definition of assault, since it requires that the threat of violence be apparent and accompanied by the capacity to inflict harm. Therefore, the emphasis on an intentional threat coupled with the apparent ability to execute that threat is essential to understanding what qualifies as assault under Florida law.