DAVID CHARLES MAHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Aggravated assault conviction reversed because the victim lacked a well-founded fear that violence was imminent, an essential element of the crime.
Aggravated assault requires proof that the victim had a well-founded fear that violence was imminent, and where the trial court finds no such fear existed, the charge must be dismissed.
[1] Aggravated assault requires as an essential element that the victim have a well-founded fear that violence is imminent.
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Join FLexlaw to unlock all legal intelligenceAppellant was charged with aggravated assault after the victim was struck in the back by an object, saw a bottle fall to the ground, and saw appellant…
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McCORD, Judge.
Appellant was charged by information with aggravated assault. He filed a motion to dismiss stating that the undisputed facts did not establish a prima facie case on the charge in that they show that the victim was struck in the back by an object following which he saw a bottle fall to the ground and then saw appellant drive past in an automobile. The court denied the motion and appellant pled nolo contendere conditioned upon the reservation of his right to appeal the court’s ruling denying the motion to dismiss. The court subsequently withheld adjudication of guilt and placed appellant on probation for a period of one year. He appeals the court’s order. On joint motion of appellant and appellee, this cause was remanded to the trial court for the purpose of determining in the trial court whether or not the victim had a well-founded fear that violence was imminent. The trial court has now entered its order finding that the victim did not have such fear. In State v. White, 324 So. 2d 630 (Fla.1976), the Supreme Court affirmed this court and ruled that the crime of aggravated assault includes as one of its elements the victim’s well-founded fear that violence is imminent.
Reversed and remanded with directions to grant appellant’s motion to dismiss the information.
RAWLS, Acting C. J., and SMITH, J., concur.