8.15. Aggravated Assault On Person 65 Years Of Age Or Older

8.15 AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER 784.08(2)(b), Fla. Stat. To prove the crime of Aggravated Assault of a Person 65 Years of Age or Older, the State must prove the following five elements 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. 4. a. ade with a deadly weapon.] afully-formde with a ed conscious intent to b. [The assault was made with a NOTE TO JUDGE: If 4b is alleged, define the crime charged. 5. [Name of victim] was at the time 65 years of age or older. 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.