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AGGRAVATED ASSAULT

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UNDERSTANDING AGGRAVATED ASSAULT

Section 784.021, Florida Statutes, addresses aggravated assault. To prove the crime of aggravated assault, the State must prove beyond a reasonable doubt the following four elements:

 

  • The Defendant intentionally and unlawfully threatened, either by word or act, to do violence to the 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 victim a well-founded fear that the violence was about to take place.

  • The assault was made with a deadly weapon or the assault was made with a fully formed, conscious intent to commit the charged crime against the victim.

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