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Aggravated Assault: F.S. 784.021
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Aggravated Assault is defined in Florida Statute § 784.021. In order to prove the crime of aggravated assault the state must prove the following elements of the crime:
- The defendant intentionally threatened 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 defendants actions 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 with a fully-formed, conscious intent to commit a felony crime on the victim.
A common example of aggravated assault would be pulling on a gun on somebody and threatening them, or shooting a gun towards somebody to scare them. In these situations the state can charge you under the 10-20-Life Statute. If you are convicted of aggravated assault while possessing a firearm then you must be sentenced to at least three (3) years in state prison. If a jury finds that you fired the gun during the assault then you have to be sentenced to at least twenty (20) years in state prison. Even if you are not facing a 10-20-Life sentence you are still facing a third degree felony and five (5) years in prison if you are convicted of aggravated assault in Florida.