8.10. Assault On Law Enforcement Officer Or Firefighter

8.10 ASSAULT ON LAW ENFORCEMENT OFFICER OR FIREFIGHTER 784.07(2)(a), Fla. Stat. To prove the crime of Assault on a [Law Enforcement Officer] [Firefighter], the State must prove the following six elements beyond a reasonable doubt: 1. [Name of defendant] intentionally and unlawfully threatened, either by word or act, to do violence to [name of victim] . 2. At the time, [Name of defendant] appeared to have the ability to carry out the threat. 3. The act of [name of defendant] created in the mind of the victim a well- founded fear that the violence was about to take place. 4. [Name of victim] was at the time a [law enforcement officer] [firefighter]. 5. [Name of defendant] knew [name of victim] was a [law enforcement officer] [firefighter]. 6. At the time of the assault [name of victim] was engaged in the lawful performance of [his] [her] duties. The Court now instructs you that [name of official position of victim designated in charge] is a [law enforcement officer] [firefighter]. NOTE TO JUDGE: In giving this instruction, do not refer to the victim by name. The instruction must state the class of officers to which the victim belongs, e.g., probation officer, correctional officer. See Wright v. State, 586 So. 2d 1024 (Fla. 1991). NOTE TO JUDGE: In giving this instruction, refer only to the type of duty or legal process that was being performed, e.g., making an arrest, serving a subpoena, serving a domestic violence order. See Hierro v. State, 608 So. 2d 912 (Fla. 3d DCA 1992.