8.12. Aggravated Assault On Law Enforcement Officer Or Firefighter
This is a Florida Jury Instructions form that can be used for 08 Assault And Battery within Criminal.
Last updated: 2/28/2006
8.12 AGGRAVATED ASSAULT ON LA W ENFORCEMENT OFFICER OR FIREFIGHTER 784.07(2)(c), Fla. Stat. To prove the crime of Aggravated Assault on a [Law Enforcement Officer] [Firefighter]following seven elem, the State must prove the ents beyond a reasonable doubt. The first three elements define assault. 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 [name of victim a ] well-founded fear that the violence was about to take place. Give 4a or 4b as applicable. 4. a. ade with a deadly weapon.] assault was made with a fully-formed, conscious intent to b. with massault was a[The de NOTE TO JUDGE: If 4b is alleged, define the crime charged. 5. [Name of victim] was at the time a [law enforcement officer] [firefighter]. me of ent officer] [firefighter]. e of victim] was engaged in the lawful performance of [his] [her] duties. e of official position of victim designated The Court now instructs you that [name of Give if 4a alleged: A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. It is not necessary for the State to prove that [name of defendant] had intent to kill. <<<<<<<<<********>>>>>>>>>>>>> 2NOTE 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).