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Florida Statutes > Chapter 605Florida Revised Limited Form

Florida Statutes > Chapter 605Florida Revised Limited Form

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assault is an intentional unlawful threat so you're you are the state has to prove Beyond a reasonable doubt that you intended to be threatening and created the mental state in the other party so an unintentional threat um for example say you were shopping in a supermarket and there were some New Yorkers in the store and you reached on a high shelf your jacket opened up and they saw a gun on your belt and they come from a culture where only uniformed police officers and bad guys have guns and so they Panic they're put in fear of eminent deadly force harm did you commit an assault well frankly I think in New York or Massachusetts they might just charge you with assault just to cause you trouble the authorities might um but in a rational State they wouldn't charge you with assault or that kind of incidental display that puts someone else in harm the argument of course would be that they weren't put reasonably in fear of eminent harm they were unreasonably

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