Somers v. United States
Answering certified questions from the Eleventh Circuit in a post-Borden ACCA case, the Florida Supreme Court held that the first element of Florida's assault statute, section 784.011(1), requires not merely general intent to threaten violence but also that the actor intentionally direct the threat at a specific target—another person. Because the statute demands this targeting, assault (and by extension aggravated assault) cannot be committed recklessly and requires at least knowing conduct, satisfying Borden v. United States' mens rea standard for ACCA's elements clause.
Key facts
- Somers was convicted of a federal crime and the Eleventh Circuit certified questions to the Florida Supreme Court regarding whether Florida's assault statute satisfies federal ACCA requirements for violent felony predicates.
- The central dispute involved whether Florida's assault statute under section 784.011(1) requires only general intent to threaten violence or also requires the defendant to intentionally direct the threat at a specific person.
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Why it matters
This opinion authoritatively defines, for the first time, the mens rea embedded in the first element of Florida's assault statute—a foundational element shared by assault, aggravated assault, and related offenses… — full analysis with a trial
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