8.15 AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER
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
- 8.15
- Statute
- § 784.08(2)(b), 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 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. (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 65 years of age or older.
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER — 784.08(2)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Aggravated assault | 784.021 | 8.2 | |
| Assault on person 65 years of age or older | 784.08(2)(d) | 8.17 | |
| 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
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.