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Aggravated Assault: F.S. 784.021
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Aggravated Assault is defined in Florida Statute § 784.021. 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 defendant’s actions created in the victim’s mind a well-founded fear that violence was about to occur.
- The assault was made with a deadly weapon or a fully-formed, conscious intent to commit a felony crime on the victim.
Often, aggravated assault charges involve guns. Examples would be pulling a gun on somebody and threatening them or shooting at somebody to scare them. Aggravated assault cases involving guns can be charged under the 10-20-Life statute. There is a three-year minimum mandatory prison sentence for a defendant convicted of aggravated assault while possessing a firearm. If a jury finds that the defendant fired the gun during the assault, the minimum mandatory prison sentence is twenty (20) years in state prison. Even if a firearm was not involved in the aggravated assault, it is still a third-degree felony. A third-degree felony is punishable by up to 5 years in prison.