In Florida, it is quite possible to sue someone who insults or yells at you. Insulting or yelling at someone can be termed verbal assault. Verbal assault is an act in law that a lawyer can use to charge a defendant and initiate a court case. It does not matter what kind of lawsuit it is as long as it meets the requirements for assault.
However, the definition of assault for both purposes (criminal and civil) can vary by jurisdiction and state. “With differences in definition, jurisdictions can handle verbal assault or insulting language in different ways and definitions,” says criminal defense attorney William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys.
This article outlines what Florida law says about verbal assault and insulting language. Keep reading to find out more.
Defining Verbal Assault: What Does the Law Term As Verbal Assault?
Assault is defined specifically as an intentional act that puts another person in what could be called offensive contact or immediate harm. The person being assaulted has to be aware that they might soon be harmed again. Without this, one cannot term the act as assault.
Many people confuse battery with assault due to their proximity in many criminal cases. They are not. These two terms are differentiated at the point of physical force. Assault does not need the application of physical force, unlike battery. However, it requires that the person recognize that they are about to be attacked by the assaulter.
“Defining Insulting Language: What Does the Law Recognize as Insulting?”
Verbal threats are statements made to people in which the speaker implies they plan to cause the receiver punishment, harm, and loss. Now, this might sound just like assault, but verbal threats are not considered acts of assault. Uttering mere threatening words does not count as assault in plain terms. However, there are exemptions in this regard.
When Does Insulting Language Count As Assault?
While many people believe that the First Amendment protects one’s right to free speech, there are limits to this “free speech.” In general terms, these limits entail insulting language that shocks and inflicts mental anguish on a person’s conscience. Lawyers point out that these limits are crossed when the insulting language offends a person to the point of inciting violence. If it produces an untoward physical reaction, it can also be prosecuted.
Insulting language can also be used as the basis of an Intentional Infliction of Emotional Distress or IIED claim. This claim requires a complainant to prove that the other party acted with the intention and specific purpose. If the complainant is in shock or distressed, gets upset, or experiences emotional injury, it can be a basis to file for complaint.
Defamatory statements made on social media or public forums fall under this category. The First Amendment does not, surprisingly, protect derogatory statements that are considered false and as such, disobey defamation law.
What Does the Law of Florida Say About Verbal Assault and Insulting Language?
Under Florida Law, a verbal threat can be classified and prosecuted as assault if:
- It is unlawful and intentional.
- It is caused without any actual harm to the victim and bystanders.
- It involves a threat of violence or harm to another individual.
- It creates a reasonable fear in the victim that aggression is forthcoming.
This is mentioned in Florida Statute 784.011. For insulting language, a lawyer can use Florida Statute 784.0485.
What Legal Defence Can a Defendant Charged With Assault Use in Florida?
If you reside in Florida and you have been charged with assault, you might be able to defend yourself in court. Your attorney can use any of these defenses:
- Consent from the victim.
- Lack of intent or reasonable fear in the victim.
- Self-defense or yourself or other people who should be willing to testify.
- Mistaken identity.
Conclusion
If you have been charged with verbal assault and insulting language, or you are willing to file charges, then you will need a lawyer. Not just any lawyer, but a lawyer who has experience in verbal assault cases. Ensure you get the best lawyer, or you might just lose the case.
