Aggravated Assault


AGGRAVATED ASSAULT IN FLORIDA

§784.021, Fla. Stat.

To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt.

  1. The Defendant intentionally and unlawfully threatened, either by word or act, to do violence to the alleged victim.
  2. At the time, the Defendant appeared to have the ability to carry out the threat.
  3. The act of the Defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place.
  4. (a)The assault was made with a deadly weapon or
           (b) The assault was made with a fully-formed, conscious intent to commit a felony upon the alleged victim.

Penalties for Aggravated Assault

Aggravated Assault is a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000.