UNDERSTANDING ASSAULT ON LAW ENFORCEMENT
Section 784.07 (2) (a), Florida Statutes, addresses assaults on emergency or law enforcement personnel. In order to prove such an assault, the State must prove beyond a reasonable doubt the following:
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 victim at the time was a law enforcement officer, or emergency personnel;
The Defendant knew the status of the alleged victim as law enforcement or emergency personnel;
At the time of the assault, the victim was engaged in lawful performance of his or her duties.
Aggravated assaults result in enhanced penalties for such crimes when the assault was made with a deadly weapon.
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