8.12 AGGRAVATED ASSAULT ON A[N] [LAW ENFORCEMENT OFFICER] [INSERT VICTIM’S JOB]
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 8.12
- Statute
- § 784.07(2)(c), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Aggravated Assault on a[n] [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Hospital Personnel] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Law Enforcement Explorer] [a Non-sworn Law Enforcement Agency Employee Certified as an Agency Inspector] [Blood Alcohol Analyst] [Breath Test Operator] [Railroad Special Officer] [Licensed Security Officer] [Security Officer Employed by the Board of Trustees of a Community College] [Utility Worker], the State must prove the following seven elements beyond a reasonable doubt. The first three elements define the crime of Assault.
1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
2. At the time, (defendant) appeared to have the ability to carry out the threat.
3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.
Give 4a or 4b or both as applicable. If 4b is alleged, give the elements of the felony charged.
4. a. The Assault was made with a deadly weapon.
b. The Assault was made with a fully-formed, conscious intent to commit (felony charged) upon (victim).
5. (Victim) was at the time a[n] [law enforcement officer] [firefighter] [emergency medical care provider] [hospital personnel] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] [law enforcement explorer] [nonsworn law enforcement agency employee who was certified as an agency inspector] [blood alcohol analyst] [breath test operator while such employee was in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who was detained or under arrest for DUI] [railroad special officer] [licensed security officer who wore a uniform that bore at least one patch or emblem that was visible at all times that clearly identified the employing agency and that clearly identified the person as a licensed security officer] [utility worker engaged in work on critical infrastructure].
6. (Defendant) knew (victim) was a[n] [law enforcement officer] [firefighter] [emergency medical care provider] [hospital personnel] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college] [law enforcement explorer][nonsworn law enforcement agency employee who was certified as an agency inspector] [blood alcohol analyst] [a breath test operator] [railroad special officer] [licensed security officer] [utility worker].
7. At the time of the Assault, (victim) was engaged in the lawful performance of [his] [her] duties.
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED ASSAULT ON A[N] [LAW ENFORCEMENT OFFICER] [INSERT VICTIM’S JOB]—784.07(2)(c)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT | INS. NO. |
|---|---|---|---|
| Aggravated assault | 784.021 | 8.2 | |
| Assault on law enforcement officer | 784.07(2)(a) | 8.10 | |
| Improper exhibition of a dangerous weapon or firearm, if § 784.021(1)(a), Fla. Stat., is charged* | 790.10* | 10.5* | |
| Assault | 784.011 | 8.1 | |
| Attempt | 777.04(1) | 5.1 | |
| Discharging a firearm in public | 790.15 | 10.6 |
Related practice page
Assault and Battery Defense in Miami · Violent Crimes Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.