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.
- The Defendant intentionally and unlawfully threatened, either by word or act, to do violence to the alleged victim.
- At the time, the Defendant appeared to have the ability to carry out the threat.
- 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.
- (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.