You are wrong.
"The football players began to confront the group, but left in vehicles, the report states. As the group left, they could be heard yelling, “
We coming back strapped,” the report states.
The other group returned and a confrontation ensued. One player reported the group had a baseball bat, a red laser being pointed at another player’s chest and another individual threatening “
Come any closer, I’ll spray you.”"
Elements established. Intentional unlawful threat made. Apparent ability to carry out threat. Creation of a well-founded fear that violence is imminent. All elements established. The football players left and came back armed. It doesn't matter if, eventually, someone learns it is an Airsoft rifle, the orange tip was painted over, thus there is EASILY an APPARENT ability to carry out the threat AND the creation of a well-founded fear that violence is imminent. It doesn't matter if the gambler was the first to arrive, the football players escalated the situation by (a) specific verbal threats, and (b) leaving and returning with weapons.
File the criminal charges.
Allow me to add this:
The Definition of Assault
The assault statute in Florida, Section 784.011(1), defines the crime of assault as follows: 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.
The statute requires proof of three elements:
- an intentional, unlawful threat;
- an apparent ability to carry out the threat; and
- creation of a well-founded fear that the violence is imminent.
So proof of the crime of assault requires not just proof of a threat, but also proof of some physical act directed toward the victim. Several courts in Florida have reversed a conviction when only threatening words were used without any overt act of violence to accompany those words. Other cases have been reversed because the alleged victim testifies that he or she was not really in fear. In other cases, the defense in the case centers around whether the act was intentional or merely an accident.
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