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Aggravated Assault

Statute

FLORIDA STATUTE 784.021 Aggravated assault.--

  1. An "aggravated assault" is an assault :
    1. With a deadly weapon without intent to kill; or
    2. With an intent to commit a felony.
  2. Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Jury Instruction

To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt. The first three elements define assault.

  1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
  2. At the time, (defendant) appeared to have the ability to carry out the threat.
  3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.
  4. Give d1 or d2 as applicable.
    1. [The assault was made with a deadly weapon.]
    2. [The assault was made with a fully-formed, conscious intent to commit (crime charged) upon (victim).]
    If d2 is alleged, define the crime charged.

Definition. Give if d1 alleged. A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Give if d2 alleged. It is not necessary for the State to prove that the defendant had an intent to kill.