Florida/Georgia Personal Injury & Workers Compensation

...indictment if there was an ambiguity in the judgment. Here, as in Taylor, the state statute under which Gage was charged encompassed some offenses that would satisfy the enhancement statute, and others that would not. Specifically, Fla. Stat. Ann. § 784.021 defines aggravated assault, in pertinent part, as "an assault . . . [w]ith a deadly weapon without intent to kill." Fla. Stat. Ann. § 784.021(1)(a) (West 2000)....

...encompasses some offenses that would satisfy the enhancement statute, and others that would not. The Florida statute that Gage was convicted under defines aggravated assault, in pertinent part, as "an assault . . . [w]ith a deadly weapon without intent to kill." Fla. Stat. Ann. § 784.021(1)(a) (West 2000)....

...84.03. In the initial minutes of the Incident, the perpetrator also battered the Daughter when he pushed her into 20 her car seat, bruising her back. The perpetrator committed aggravated assault under section 784.021 by threatening the Victim and her children with a knife twice – when first entering the van and again when he forced the Victim to withdraw money from the bank....

...hat the aluminum strip was a deadly weapon. To prove appellant committed an aggravated assault with a deadly weapon, the state had to prove beyond a reasonable doubt that the aluminum strip was a deadly weapon. A deadly weapon, within the meaning of section 784.021, Florida Statutes (1999), is: (1) any instrument which, when it is used in the ordinary manner contemplated by its design and construction, will or is likely to cause death or great bodily harm, or *873 (2) any instrument likely to cause great bodily harm because of the way it is used during a crime....

...The decision conflicts with the decision of another district court, Vitko v. State, 363 So.2d 42 (Fla. 2d DCA 1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Baker and an accomplice were arrested after an armed robbery. Baker was charged with: Count I, aggravated assault with a deadly weapon, section 784.021(1)(a), Florida Statutes (1979), because he pointed a shotgun at the robbery victim; Count II, armed robbery, section 812.13(2)(a), Florida Statutes (1979), because he and the accomplice took money and property from the robbery victim;...

that aggravated assault under Fla. Stat. § 784.021 is not a violent felony is foreclosed by

...(1993) ("An `assault' is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."); id. § 784.021 (aggravated assault)....

...factual transaction does not constitute double jeopardy. [26] See 22 C.J.S. Criminal Law § 283 (1961). [27] The use of firearms and weapons in the commission of crimes is sometimes an essential element of the basic crime, as in aggravated assault, § 784.021(1)(a), Fla....

...Florida law specifies that an essential element of any assault, including aggravated assault on a law enforcement officer, is an act creating a well founded fear in the victim that violence is imminent. Compare § 784.011, Fla. Stat. (1989) with § 784.07(2), Fla. Stat. (1989) and § 784.021, Fla....

...1996) ("[C]ourts should avoid readings that would render part of a statute meaningless."). Many of the offenses triggering the surcharges, enumerated in sections 938.08 and 938.085, are unrelated to rape, sexual assault, or domestic violence. See § 784.011, Fla. Stat. (2005) (assault); § 784.021, Fla....

...apon. VIII. ASSAULT WITH A DEADLY WEAPON The assaults in this case arise from Mr. Mitchell's conduct at the chiropractic office. Assault becomes aggravated assault if the threat of violence is performed "with a deadly weapon without intent to kill." § 784.021(1)(a), Fla....

...session of a firearm or the jury must specifically find that the defendant possessed a firearm. Overfelt v. State, 434 So.2d 945 (Fla. 4th DCA 1983). Applying that test here, possession of a firearm is not an essential element of aggravated assault. Section 784.021, Florida Statutes (1981) provides that an assault is aggravated either by possession of a deadly weapon or when accompanied by the intent to commit a felony....

...1982, in the County and State aforesaid, did unlawfully commit an assault upon Marjorie Baggett with a deadly weapon, to wit: a handgun, without intent to kill, by placing said handgun in Marjorie Baggett's side, thereby placing Marjorie Baggett in fear of imminent violence, contrary to F.S. 784.021, The trial court charged the jury as to aggravated assault The elements of aggravated assault are: Number one, the defendant intentionally and unlawfully threatened, either by word or act, to do violence to the victim; number two, at the t...

...We therefore reverse the written order of probation and remand for deletion of all of the challenged conditions except the standard condition for random drug testing. Reversed and remanded for resentencing. FRANK, A.C.J., and PARKER, J., concur. NOTES [1] Sections 812.13(1) and (2)(b), Fla. Stat. (1987). [2] Section 784.021, Fla....

...eanor (punishable by up to 60 days imprisonment in the county jail, or a fine of $500, or both). Ch. 71-136, Laws of Fla. Chapter 74-383, Laws of Florida, substantially reworded the statutes proscribing assault (section 784.011), aggravated assault (section 784.021), battery (section 784.03), aggravated battery (section 784.045), and culpable negilgence (section 784.05)....

...Nor is it a category four lesser included offense in this case because the information did not contain all the elements of an aggravated assault. [3] An aggravated assault occurs when a person commits an assault with a deadly weapon or with an intent to commit a felony. § 784.021, Fla....

...1981), aggravated assault is listed as a category two offense to the crime of robbery. [4] In Vitko the court, in reversing the conviction for aggravated assault, did not mention whether the defendant objected to the aggravated assault instruction. [5] See § 812.13, 777.04(4)(b) and 784.021, Fla....

...majority in this case should acknowledge its direct conflict with Baker on this point and recede from Baker. [2] It has long been reasonably assumed that every firearm would be "a deadly weapon" within the meaning of the aggravated assault statute, § 784.021(1)(a), Fla....

...[2] Section 784.011(1), Florida Statutes (1995), defines assault as "an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." Section 784.021(1), Florida Statutes (1995), defines aggravated assault as an assault "(a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony." Section 784.03(1), Florida Statutes (1995), provides that "A person com...

...iminal case) as to a factual matter that is not material to an ultimate issue in the case and is not otherwise admissible to discredit the witness (i.e., does not show bias, corruption or incompetency). Appellant was charged with aggravated assault, § 784.021(1)(a), Fla....

...may have made but only with what the statute says on its face. The fact remains that aggravated assault as defined under Florida law is in fact a violent offense. It consists of any assault with a deadly weapon or with an intent to commit a felony. § 784.021(1), Fla....

...having the apparent ability to do so, and did an act which created a well-founded fear in Jose Desravines that such violence was about to take place, and in the process thereof used a deadly weapon, to-wit: a firearm, in violation of Florida Statute 784.021(1)(a)....

...We now hold that a defendant is properly assessed legal constraint points to each offense for which he is sentenced where he was under legal constraint at the time of the offense. AFFIRMED. DANIEL, C.J., and SHARP, J., concur. NOTES [1] § 812.13(2)(c) Florida Statutes (1987). [2] § 784.021(1)(b) Florida Statutes (1987)....

...sion of a felony. This cause is remanded for re-sentencing. Affirmed in part; Reversed in part; Remanded. ORFINGER and SHARP, JJ., concur. NOTES [1] § 777.04(1) and § 782.04(1)(a), Florida Statutes, 1987. [2] § 790.19, Florida Statutes, 1987. [3] § 784.021(1)(a), Florida Statutes, 1987....

...Statutes (1999) and one count of sale, manufacture, or delivery of cocaine in violation of section 893.13(1)(a), Florida Statutes (1999), when he committed and was convicted in case number 00-687 of aggravated assault with a firearm in violation of section 784.021(1)(a), Florida Statutes (1999), (count I), kidnaping with a firearm in violation of section 787.01, Florida Statutes (1999), (count II), car jacking with a firearm in violation of section 812.133(2)(a), Florida Statutes (1999), (count...

...ury charitably gave him the appetizer and main course, he is legally entitled to dessert and coffee. See also, Damon v. State, supra. We do not think a defendant should be heard to make such a demand, let alone receive an affirmative answer. [1] See § 784.021, Fla....

...We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(A). If the instrument used in an assault is a firearm as defined by Section 790.001(6), Florida Statutes (1981), then that instrument is a deadly weapon as a matter of law for the purpose of the aggravated assault statute, Section 784.021(1)(a) Florida Statutes (1979), regardless of whether it is loaded or capable of being fired....

to commit a felony in violation of Fla. Stat. § 784.021; (2) resisting an officer with violence in violation

...The appellant, David Velasquez, challenges the judgments and sentences entered against him after he was found guilty of three counts of aggravated assault with a firearm. We reverse. Appellant was originally charged with four counts of aggravated assault with a firearm, in violation of section 784.021, Florida Statutes (1991), and four counts of attempted aggravated battery, in violation of sections 784.045 and 777.04, Florida Statutes (1991)....

...proceed to examine each of the predicate offenses underlying Turner’s ACCA enhancement in turn. A. Aggravated Assault and Shooting into an Occupied Building Turner’s convictions under Florida law for aggravated assault, Fla. Stat. § 784.021, and shooting into an occupied building, Fla....

...§ 924(e)(1) (requiring that the predicate offenses occur on “occasions different from one another”). In Florida, “[a]n ‘aggravated assault’ is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony.” Fla. Stat. § 784.021....

...definitional terms, the offense necessarily includes an assault, which is “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so.” Id. (emphasis supplied). Therefore, a conviction under section 784.021 will always include “as an element the ....

...Augustine, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Assistant Attorney General, Daytona Beach, for Appellee. PETERSON, Judge. Shawn Arthur appeals his conviction and sentence for aggravated assault, section 784.021(1)(a), Florida Statutes (1995)....

...As distinguished from general intent, specific intent is intent in the popular, common sense of a definite and actual purpose to accomplish some particular thing. Burglary, like the offense of attempt, is a crime that requires the specific intent to commit some other crime. Section 784.021(1)(a) of the Florida statutes is careful to define an assault with a deadly weapon (an aggravated assault) as being "without intent to kill" because an assault with intent to kill results from a more wicked and evil state of mind, tec...

...(1981), apparently Fleming was able to obtain review of his guilty plea to attempted first degree murder on mandatory review of his death sentence imposed on another count charging first degree murder. [9] § 775.082, Fla. Stat. (1981). [10] § 777.04, Fla. Stat. (1981). [11] § 784.021(1)(a), Fla....

conviction for aggravated assault, see Fla. Stat. § 784.021, constitutes a “crime of violence” under U.S.S

...Appellant was charged with murder in the First Degree and convicted of aggravated assault. She was sentenced to the penitentiary for an indeterminate period from six months to fifteen years. Although she has not appealed her sentence we must reverse it because it is clearly error. The maximum sentence under Section 784.021, Florida Statutes (1975) Aggravated Assault, is five years because it is a felony in the third degree....

...rry out his assault, informs the victim he has a weapon under circumstances that cause the victim to have reason to believe that the assailant has the ability to carry out is threat, so does the threat in the instant case satisfy the requirements of section 784.021(1)(a), Florida Statutes (1989)....

...— (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to: 1. Hold for ransom or reward or as a shield or hostage. 2. Commit or facilitate commission of any felony. * * * * * * Section 784.021 provides as follows: 784.021 Aggravated assault....

...NOTES [1] Frumenti filed a notice of supplemental authority in the trial court, which the court treated as a Rule 3.800(a) motion since Frumenti had nothing pending in the trial court at the time. [2] § 810.02(1), Fla. Stat. [3] § 790.23(3), Fla. Stat. [4] § 812.014(2)(c)3, Fla. Stat. [5] § 784.021(1)(a), Fla....

...fense. See Brown v. State, 206 So.2d 377 (Fla. 1968). Here, the information did not allege all the elements of aggravated assault. *43 An aggravated assault occurs when a person commits assault with a deadly weapon or with intent to commit a felony. Section 784.021, Florida Statutes (1977)....

...290, 293 (1967); and cf. Barnhill v. U.S., 279 F.2d 105 (5th Cir.1960). This record affirmatively shows the reasonable relationship of the condition of probation to the facts of this case. Affirmed. NOTES [1] See § 775.082(3)(d), Fla. Stat. (1975); and § 784.021(2), Fla....

...e been ascertained by the exercise of due diligence, or (2) the fundamental constitutional right asserted was not established within the period provided for herein and has been held to apply retroactively. [2] § 812.13(2)(a), Fla. Stat. (1985). [3] § 784.021(1)(a), Fla....

...Gen., Tampa, for appellee. FRANK, Judge. In this case the appellant, a juvenile, was charged by petition with throwing a missile at an occupied vehicle in violation of Section 790.19, Florida Statutes (1983), and aggravated assault with a motor vehicle in violation of Section 784.021, Florida Statutes (1983)....

and aggravated assault with a firearm under section 784.021, Florida Statutes (1999), because all of the

...d have caused the death of Kelly Boaz, and which act occurred during the perpetration of an attempted robbery. The above charge, without the additional allegation that Grinage intended to murder Boaz, charges nothing more than an aggravated assault (section 784.021) of a police officer engaged in the performance of his duty (section 784.07(2)(c)) committed as a part of an attempted robbery....

...Thus, the trial court complied with Ashley v. State, 614 So.2d 486, 487 (Fla. 1993). Appellant's last point intersects with the State's concession that the aggravated assault count, a third degree felony, should be reduced to no more than ten years. Section 784.021(2) and § 775.084(4)(a), Fla....

...Appellant robbed a convenience store, pointing a pistol [1] at the clerk in the process. He was charged, by information, in count one with committing robbery, section 812.13(1), Florida Statutes (1985), while carrying a deadly weapon, section 812.13(2)(a), Florida Statutes (1985) and in count two with aggravated assault, section 784.021(1)(a), Florida Statutes (1985)....

...That testimony was rebutted by another psychiatrist, who examined Dr. Blanton on the state's behalf. Dr. Blanton was tried by the court without a jury and convicted of assaulting Detective Scotti with a deadly weapon, without intent to kill, in violation of Section 784.021, Florida Statutes (1977)....

...O'Briant, 258 S.E.2d 839, 842 (N.C. Ct. App. 1979) (explaining that the misdemeanor offense of assault with a deadly weapon is a lesser included offense of the felony of assault with a deadly weapon with intent to kill (citing N.C.G.S. 14-33(b)(1)), with Fla. Stat. § 784.021 (defining the felony offense of aggravated assault as an assault with a deadly weapon without intent to kill). It is clear that the North Carolina conviction could not now be considered for the purposes of the prior-violent-felony aggravator under Florida law....

....087(2)(a)(1), the standard of review is de novo. See B.Y. v. Dep't of Children & Families, 887 So.2d 1253, 1255 (Fla.2004). Absence of Firearm Interrogatory Chapter 784, Florida Statutes (2002), defines the crimes of assault and aggravated assault. Section 784.021(1) defines aggravated assault as an assault with (a) a deadly weapon without intent to kill; or (b) an intent to commit a felony. Section 784.021(2) provides that an aggravated assault is a third-degree felony punishable as provided in chapter 775....

...er-included offenses. That issue was not addressed in either Overfelt or Tucker. Therefore, no conflict exists. I would dismiss the case because jurisdiction was improvidently granted. ANSTEAD, J., concurs. NOTES [1] Aggravated assault is defined in section 784.021 as follows: (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. § 784.021, Fla....

...(Court's emphasis at 381). The trial court must therefore first examine the information to determine whether it alleges all of the elements of a lesser included offense. Doing that here, we find that the statutory definitions of aggravated assault, § 784.021, and simple assault, § 784.011, can be found in Count I....

...The defendant took money from a grocery clerk by threatening him with a knife. Based on this one act, the defendant was convicted of armed robbery (§ 812.13(2)(a), Fla. Stat.), possession of a weapon in the commission of a felony (§ 790.07), and aggravated assault with a deadly weapon (§ 784.021)....

...Although such concern explains the short shrift the court gave the appellant when his counsel raised a warning about a possible Nelson issue, it does not excuse the failure to properly address the issue as was done here. We reverse the convictions and remand for a new trial. SCHOONOVER and FULMER, JJ., Concur. NOTES [1] § 784.021, Fla....

...Although she raises a number of issues, the primary basis for the appeal is the trial court's *1265 denial of LRW's motion for judgment of acquittal in which she argued that the State failed to prove a necessary element of aggravated assault with a deadly weapon under § 784.021(1)(a), Fla....

...All other persons in the room, however, were standing completely still at that point. After Ms. George testified, the State rested and LRW moved for a judgment of acquittal. LRW contended that the evidence was insufficient with respect to one of the elements required by § 784.021(1)(a): that LRW's actions created a well-founded fear in the victim's mind that violence was about to take place....

...instrument" alleged to constitute a "deadly weapon." Photos of the grill show that it was dented numerous times. The petition alleged that this incident was an assault under section 784.011 of the Florida Statutes, an aggravated assault *1133 under section 784.021 of the Florida Statutes ("because it was committed with a deadly weapon and/or with an intent to commit a felony, burglary under Florida Statute 810.02"), and stalking and aggravated stalking under section 784.048 of the Florida Statutes....

...This testimony supports the finding that appellant committed an act which placed the victim in fear. Thus, the trial judge properly denied the motion for judgment of acquittal based on the sufficiency of the evidence of assault. As to whether the assault was an aggravated assault, Section 784.021, Florida Statutes (1979), provides in pertinent part that an "aggravated assault is an assault with a deadly weapon without intent to kill." The issue presented here is whether the starter gun used by appellant was a deadly weapon....

...To correct a clerical error, the words "without a deadly weapon" are stricken from appellant's judgment and sentence which are hereby amended to show that, as to count one of the information against him, he pled guilty and was adjudicated and sentenced as to the offense of aggravated assault, a violation of section 784.021(1)(a), Florida Statutes....

...EHRLICH, Justice. We accepted jurisdiction to answer the certified question: Whether an information which alleges that a defendant "carried" a firearm is sufficient to allege an essential element of aggravated assault, an offense that is statutorily defined by section 784.021(1)(a) as an assault with a deadly weapon. Owens v. State, 444 So.2d 951, 952 (Fla. 2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Owens was charged, inter alia, with armed robbery. Section 812.13, Fla. Stat. (1981). He sought a jury instruction on aggravated assault, section 784.021, Fla....

...assault *1239 during the robbery. The district court affirmed, relying on Vitko v. State, 363 So.2d 42 (Fla. 2d DCA 1978). In Vitko, the court distinguished between carrying a weapon, the element in section 812.13, and using a weapon, the element in section 784.021....

...of a misdemeanor during the commission of which the defendant had a firearm in his possession. The trial court imposed such sentence. We reverse. Appellant was charged with aggravated assault with a deadly weapon, without intent *275 to kill, under section 784.021(1)(a), Florida Statutes (1981), the deadly weapon being a firearm. The crime charged is a third-degree felony [§ 784.021(2)], punishable by imprisonment for a term not exceeding five years....

...Section 794.011(2), Florida Statutes (1981), which provides that such an offense is a "capital felony." The jury found him guilty of the lesser offense of "assault with intent to commit sexual battery," which is actually an aggravated assault under Section 784.021(1)(b), Florida Statutes (1981)....

...STATE, 403 So.2d 943 (FLA. 1981): (1) MAY THE STATE PROCEED BY INFORMATION INSTEAD OF INDICTMENT, AND (2) IS THE DEFENDANT ENTITLED TO A 12-MEMBER JURY? SMITH and WIGGINTON, JJ., concur. NOTES [1] No issue has been raised as to whether aggravated assault under Section 784.021(1)(b) is a lesser included offense under the crime charged in the information....

...Attempted second-degree murder with a weapon is a first-degree felony punishable by up to thirty years in prison. See §§ 775.082(3)(b), 777.04(1), 782.04(2), Fla. Stat. (2002). Aggravated assault is a third-degree felony punishable by up to five years in prison. See §§ 775.082(3)(d), 784.021(2), Fla....

...eo v. State , 757 So.2d 1229 (Fla. 2d DCA 2000). See Chambers v. State, 880 So.2d 696 (Fla. 2d DCA 2004). [2] "An `aggravated assault' is an assault: (a) [w]ith a deadly weapon without intent to kill; or (b) [w]ith an intent to commit a felony." See § 784.021, Fla....

...these offenses. (Emphasis supplied). Id. at 1061; see also Foster v. State, 448 So.2d 1239 (Fla. 5th DCA 1984) (Cowart, J., concurring specially). NOTES [1] § 812.13(1), (2)(a), Fla. Stat. (1983). [2] §§ 782.04 and 777.04, Fla. Stat. (1983). [3] § 784.021, Fla....

...[7] Section 784.011 defines "assault" as an: ... intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Section 784.021 defines aggravated assault as: (1) ......

...ich creates a well-founded fear in such other person that such violence is imminent." § 784.011, Fla. Stat. (1997). "Aggravated assault" is a third-degree felony defined in pertinent part as an assault "with a deadly weapon without intent to kill." § 784.021(1)(a), Fla....

...ORFINGER, C.J., concurs. COWART, J., concurs in part; dissents in part, with opinion. COWART, Judge, concurring in part; dissenting in part: Appellant was charged with: (1) aggravated assault (that is, assault with a deadly weapon without intent to kill, § 784.021(1)(a), Fla....

...in State v. Monroe, 406 So.2d 1115 (Fla. 1981), and under section 775.021(4), Florida Statutes (1981), a separate sentence could not be imposed for the lesser included offense. However, this case involves the question of whether aggravated assault (§ 784.021(1)(a), Fla....

...See State v. Espinosa, 686 So.2d 1345 (Fla.1996); State v. Von Deck, 607 So.2d 1388 (Fla.1992). The aggravated assault conviction herein at issue was based on a jury charge defining that offense as "an assault with a deadly weapon without intent to kill." See § 784.021, Fla....

...He testified he did not have any drugs on his person or in his car, and he had no idea that Canevaro had drugs and was planning to sell them. Garces was initially charged with trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla. Stat. § 784.021; and willfully fleeing, in violation of Fla....

...If it appears to the satisfaction of the court that a lienholder's interest satisfies the above requirements for exemption, such lienholder's interest shall be preserved by the court by ordering the lienholder's interest to be paid from such proceeds of the sale as provided in s.932.704(3)(a). [5] § 784.021(2), Fla....

...*1323 On September 4, 1990, the state filed an information charging the appellee with possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1989), and on November 27, 1990, the state filed another information charging him with aggravated assault in violation of section 784.021, Florida Statutes (1989)....

...Yet a defendant who is unarmed, but commits a battery causing great bodily harm, is only guilty of a third degree felony. Read in that context, I believe that the most serious crime intended by the Legislature in this case is aggravated assault, a third degree felony. § 784.021(1)(a), Fla....

...John Owen Willard appeals from judgments finding him guilty of aggravated assault and improper exhibition of a dangerous weapon and the sentences imposed. We affirm in part and reverse in part. Willard was charged by amended information with one count of aggravated assault contrary to Section 784.021(1)(a), Florida Statutes (1979), and one count of possession of a concealed weapon by a convicted felon, contrary to Section 790.23, Florida Statutes (1979)....

...ly contradicted by the subsequent holding in Gray. Accordingly, I would not recede from our opinions in Mateo, 757 So.2d 1229, and Wilburn, 840 So.2d 384, but rather, I would grant Mr. Chambers the relief he has requested. NOTES [1] §§ 775.087(c), 784.021, Fla....

...An attempt to commit that crime reduces it to a second-degree felony. See § 777.04(4)(c), Fla. Stat. (2002). The use of a firearm, however, reclassifies the offense as a first-degree felony. § 775.087, Fla. Stat. (2002). Moreover, aggravated assault is a third-degree felony. See § 784.021(2), Fla....

...t an assault), the erroneous instruction negated Fuentes' only defense: a lack of intent to hit McCarthy with the vehicle. Sigler v. State, 590 So.2d 18, 20 (Fla. 4th DCA 1991). REVERSED and REMANDED. POLEN, KLEIN and SHAHOOD, JJ., concur. NOTES [1] Section 784.021, Florida Statutes "provides that aggravated assault can be a crime in which a deadly weapon is used, or is an assault with intent to commit a felony (no weapon required)." Ventosa v....

...lements of the lesser offense. See, e.g., Gay v. State, 432 So.2d 602, 604 (Fla. 2d DCA 1983). Here, the information did not allege that Appellant committed an act creating a well-founded fear that violence to the victim was imminent, as required by section 784.021, Florida Statutes....

...[1] We already have special penalties for violent crimes against correctional officers. See § 775.0823, Fla. Stat. (1999). A simple battery upon a correctional officer is a felony. See § 784.07(2)(b), Fla. Stat. (1999). Thus, because aggravated assault includes any assault with an intent to commit a felony, see § 784.021, Fla....

...therein. Section 810.02, Florida Statutes (1975). The intended offense with which appellant was charged was sexual battery. Aggravated assault is alternatively defined as an assault (a) with a deadly weapon or (b) with an intent to commit a felony. Section 784.021(1), Florida Statutes (1975)....

...ried a firearm or other deadly weapon, then the robbery is a felony of the first degree.... (Emphasis added.) The courts of this state have qualified motor vehicles as "deadly weapons" only in their interpretations of the aggravated assault statute, section 784.021, Florida Statutes (1993)....

...ear in such other person that such violence is imminent. It is evident from the record that the victim was in fear based upon the well-founded belief appellant was about to kill her. That is aggravated assault because he used a gun, a deadly weapon. § 784.021, Fla....

...One officer testified that the pistol could be adapted so as to fire a projectile. However, it was not so adapted, nor did it contain a projectile on the date in question. Thus, I think we can safely conclude that this situation falls within the parameters of the unloaded pistol cases. Aggravated assault is defined in Section 784.021, Florida Statutes (1977), in pertinent part, as an assault "[w]ith a deadly weapon without intent to kill." In Goswick v....

...This is an appeal from defendant's conviction for aggravated assault. The pivotal issue urged by the appellant is the trial court's failure to grant his motion to dismiss. The information in this case stated in its pertinent part that it was for aggravated assault under Section 784.021, Florida Statutes (1977), and that "Edward Ray McClamrock, late of the county and state aforesaid, on the 14th day of June in the year of our Lord one thousand and nine hundred and seventy-eight, in the county and state aforesaid, did...

...State, 699 So.2d 857 (Fla. 5th DCA 1997), receded from on other grounds, Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998), rev. granted, 728 So.2d 203 (Fla.1999). Aggravated assault with a deadly weapon without intent to kill is a third degree felony. See § 784.021(2), Fla....

...The trial court must also vacate two of the convictions and sentences for improper exhibition of a firearm. Appellants remaining points are either not preserved for appeal or are without merit. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. DAUKSCH and PETERSON, JJ., concur. NOTES [1] § 790.10, Fla. Stat. (1997). [2] § 784.021(1)(a), Fla....

...Phillips, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, R. B., J. L.C., a child, appeals the trial court's order withholding adjudication of delinquency and placing her on probation for aggravated assault with a deadly weapon, in violation of section 784.021(1)(a), Florida Statutes (2000)....

...intentionally and unlawfully threatened, either by word or act, to do violence to D.J. 2. At the time, L.C. appeared to have the ability to carry out the threat. 3. L.C.'s act created a well-founded fear in the victim's mind that violence was about to take place. 4. The assault was made with a deadly weapon. See § 784.021(1)(a), Fla....

...al pro se appeals, pleadings, motions, or petitions relating to these convictions and sentences. I. Facts In lower tribunal case number 02-27820, Lanier was charged with four counts of aggravated assault on a law enforcement officer, in violation of section 784.021, Florida Statutes (2002), and with resisting an officer without violence, in violation of section 843.02, Florida Statutes (2002)....

...[2] A first degree felony punishable by life under section 812.13(2)(a), Florida Statutes (1991). [3] A first degree felony punishable by life under section 787.01, Florida Statutes (1991). [4] A first degree felony punishable by life under section 810.02(2), Florida Statutes (1991). [5] A third degree felony under section 784.021(1)(a), Florida Statutes (1991), punishable by a maximum of five years in prison under section 775.082, Florida Statutes (1991)....

...Appellant further appeals his sentence on his count of aggravated assault with a firearm. The trial court had originally classified the offense as a second degree felony. On appeal, this court held that the trial court misclassified the offense of aggravated assault, and that it was actually a third degree felony under section 784.021(2), Florida Statutes (1991)....

...Stone's conviction and sentence for aggravated assault are therefore vacated, and the judgment appealed is REVERSED. DAUKSCH, C.J., and COBB, J., concur. NOTES [1] U.S.Const. Amend. V and Amend. XIV; Art. I, § 9, Fla. Const. [2] § 784.011, Fla. Stat. (1979). [3] § 790.10, Fla. Stat. (1979). [4] § 784.021, Fla....

...See generally Lowry v. Parole and Probation Com'n., 473 So.2d 1248, 1250 (Fla. 1985). I further suggest that Reese v. State, 535 So.2d 676 (Fla. 5th DCA 1988) is erroneous, and in view of the amendment to the guidelines, we should recede from it. NOTES [1] § 784.021(1)(a), Fla....

...Finally, we address the question whether the trial court's refusal to charge on attempted manslaughter can be considered harmless under the circumstances of this case. The jury was instructed on the lesser-included offense of aggravated assault, which as a third-degree felony, § 784.021, Fla....

...by culpable negligence, also a non-intent crime, may by the same reasoning be a general intent crime which, under Gentry 's analysis, can be attempted. [10] Inter alia, an aggravated assault is an assault with a deadly weapon without intent to kill. § 784.021(1)(a), Fla....

...Where the instrument used is not a firearm, Florida courts apply an objective test and look to the nature and actual use of the instrument and not to the subjective fear of the victim or intent of the perpetrator in determining whether the instrument is a deadly weapon for purpose of the aggravated assault statute, Section 784.021(1)(a), Florida Statutes (1979)....

...We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, approve the decision under review, and disapprove Gillman. The state charged Perez by information with aggravated assault with a deadly weapon, a firearm, in violation of section 784.021, Florida Statutes (1981)....

...person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." See § 784.011, Fla. Stat. (1999). An aggravated assault is defined as follows: 784.021. Aggravated assault (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill.... § 784.021(1)(a) Fla....

...provided by statute, and (3) neither offense has elements which are subsumed by the other. AFFIRMED in part, REVERSED in part, REMANDED. THOMPSON, C.J., and PETERSON, J., concur. NOTES [1] See U.S. Const. amend. V; art. 1 § 9, Fla. Const. [2] See §§ 784.021(1)(a), 784.07(2)(c), 775.0823(10), 784.045, 784.07, 775.0823, 843.01, 316.1935(4), 316.061, 316.027, 843.02, Fla....

...nd-degree felony), which is reclassified to a first-degree felony pursuant to section 775.087(1)(b) if the perpetrator commits the crime while in actual possession of a weapon or firearm. In contrast, aggravated assault is a third-degree felony. See § 784.021(2), Fla....

...Without regard to reclassification or enhancements, attempted manslaughter is a third-degree felony, see §§ 782.07(1), 777.04(4)(d); aggravated battery is a second-degree felony; see § 784.045(2); and aggravated assault is a third-degree felony, see § 784.021(2)....

...discharges a firearm causing death or great bodily harm to any person during the commission of the offense). ___ did not result in great bodily harm to Marcia Radway ___ Guilty of Aggravated Assault, a lesser included Degree of Felony: Third Degree. § 784.021(2) (classifying aggravated assault as a third-degree felony)....

...ds the statutory maximum sentence, the guideline sentence must be imposed). §§ 775.082(3)(d); 921.0024(2). And we further find during commission of said felony the defendant ___ was in actual possession of a firearm Degree of Felony: Third Degree. § 784.021(2) (classifying aggravated assault as a third-degree felony)....

...the guidelines exceeds the 15-year statutory maximum, § 921.0024(2). ___ was not in actual possession of a firearm And we further find the defendant ___ did discharge said firearm during the commission of the felony Degree of Felony: Third Degree. § 784.021(2) (classifying aggravated assault as a third-degree felony)....

...datory term. § 921.0024(2). *460 ___ did not discharge said firearm during the commission of the felony And we further find the defendant's discharging the firearm ___ did result in great bodily harm to Marcia Radway Degree of Felony: Third Degree. § 784.021(2) (classifying aggravated assault as a third-degree felony)....

...the issue presented in this decision. [2] He received an additional consecutive sentence of 21.45 months' imprisonment for the charge of tampering with evidence. [3] Because Mr. Chambers was convicted of aggravated assault relying on the elements in section 784.021(1)(a), Florida Statutes (2002), the use of a weapon was an essential element of the offense....

...have been placed. Sanders did not discuss the appropriate order of offenses that are of the same degree. Attempted manslaughter and aggravated assault are both third-degree felonies without respect to reclassification. §§ 782.07(1), 777.04(4)(d), 784.021(2)....

...oderate risk to public safety and require close supervision. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. [3] See § 784.021(1)(a), Fla....

was convicted of aggravated assault under section 784.021, Florida Statutes, and it was clear from the

...Accordingly, this cause is reversed and a new trial ordered on both counts of which the appellant was convicted. McNULTY, C.J., and BOARDMAN, J., concur. NOTES [1] The crime of aggravated assault is a felony of third degree, F.S. § 784.04 (1973) (now F.S. § 784.021)....

...Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee. DELL, Judge. Appellant seeks reversal of his conviction and sentence on five counts of aggravated assault with a deadly weapon in violation of section 784.021, Florida Statutes (1985)....

...these crimes or withdraw from the plea agreement and proceed to trial. See Casey v. State, 788 So.2d 1121 (Fla. 2d DCA 2001); Wallen v. State, 877 So.2d 737 (Fla. 5th DCA 2004). Reversed and remanded. FULMER and STRINGER, JJ., Concur. NOTES [1] See § 784.021, Fla....

...We agree and reverse. The state's petition, the accusatory pleading in this case, charged that appellant unlawfully assaulted a named individual with a deadly weapon, an automobile, without intent to kill. Such an act constitutes aggravated assault. Section 784.021(1)(a), Florida Statutes (1977)....

...The crime of aggravated battery is a felony of the second degree, Florida Statutes 784.045. Under Section 777.04, Florida Statutes, the offense of attempted aggravated battery is a felony of the third degree. The offense of aggravated assault under Section 784.021, Florida Statutes, is also a felony of the third degree....

...Matthews' conviction and sentence for resisting arrest without violence without comment. We also find no merit in Mr. Matthews' argument that an improper prosecutorial remark in closing arguments required a mistrial. [2] Most charges of aggravated assault are filed under section 784.021, Florida Statutes (1997).

...Gibson, Public Defender and Burke D. Chester, Asst. Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. Appellant was charged with aggravated assault, a violation of section 784.021(1)(a), Florida Statutes (1979), with the information alleging an assault with a deadly weapon "to-wit: a pistol." Apparently in an attempt to implement section 775.087(1), Florida Statutes (1979), the trial court instructed the jury t...

...2d DCA 1980), held that sexual battery could constitute an assault within the meaning of the burglary statute, we conclude the word "assault" as used in Section 810.02, Florida Statutes (1977), the burglary statute, should be defined by reference to Section 784.011 and Section 784.021, Florida Statutes (1979)....

...es, it is an essential element of the felony murder offense charged and proved in this case. [1] Appellant's felony murder conviction was predicated upon the underlying felony of aggravated assault, established by proof of an assault with a firearm. § 784.021(1)(a), Florida Statutes. The use of a weapon or firearm is an essential element of § 784.021(1)(a); such an aggravated assault is already an "enhanced penalty" offense, and § 775.087(1) may not be applied to enhance the sentence for a violation of § 784.021(1)(a). Williams v. State, 358 So.2d 187 (Fla. 4th DCA 1978). Since it was necessary to prove such an aggravated assault in order to establish the felony murder in this case, the elements of § 784.021(1)(a) were thus essential to this felony murder conviction, and § 775.087(1) is therefore inapplicable....

...on is charged shall be reclassified as follows: (a) ... (b) In the case of a felony of the second degree, to a felony of the first degree. A felony of the first degree carries a maximum thirty-year sentence. Sec. 775.082, Fla. Stat. (1977). [4] Sec. 784.021, Fla....

...tentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. (Emphasis added). Section 784.021(1), Florida Statutes (2008), builds upon section 784.011(1) in defining an "aggravated assault." Section 784.021(1) reads as follows: (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony....

...ng the elements of this crime. The State, therefore, *951 is not required to prove that the accused intended to do violence to another in a prosecution for aggravated assault with a deadly weapon. AFFIRMED. PALMER and JACOBUS, JJ., concur. NOTES [1] Section 784.021(a), Florida Statutes (2008)....

...The information charged that the assault with intent to commit murder was committed on February 10, 1975. The statutes in effect at that time which proscribed assault with intent to commit first degree murder were: § 784.06 Fla. Stat. (1973); § 782.04(1)(a), Fla. Stat. (Supp. 1974). The crime now proscribed by § 784.021(1)(b), Fla....

...[2] The assault statute in effect at the time of the alleged offense was § 784.02, Fla. Stat. (1973). Assault is now proscribed by § 784.011, Fla. Stat. (1975). [3] The aggravated assault statute in effect at the time of the alleged offense was § 784.04, Fla. Stat. (1973). Assault with a deadly weapon is now proscribed by § 784.021(1)(a), Fla....

...Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee. Before PEARSON and NATHAN, JJ., and SACK, MARTIN, Associate Judge. PEARSON, JUDGE. The defendant was tried upon an information charging him with aggravated assault pursuant to Fla. Stat. § 784.021....

...Upon the other hand, it is clear that an assault was committed and inasmuch as assault is, under the facts of this case, an included offense, we remand the cause with directions to enter a judgment of guilty of assault and for a sentence thereon. Reversed and remanded with directions. NOTES [1] "784.021 Aggravated assault....

...In all other respects, the judgment and sentences are affirmed. BOOTH and BARFIELD, JJ., concur. NOTES [1] In Case No. 86-5011, appellant pled nolo contendere to a violation of § 812.014(2)(b), Fla. Stat. (1985), grand theft of property valued at $295, a third degree felony; and to § 784.021(1)(a), Fla....

...e of discretion in the admission of Mr. Black's conversations with his former lawyer under the peculiar circumstances of the present case. Accordingly, we affirm. AFFIRMED. GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 812.13(2)(a), Fla. Stat. [2] § 784.021(1)(a), Fla....

...s the use of force, violence, assault, or putting in fear." Section 812.13(2)(a), provides: "If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree... ." [2] Section 784.021(1), Fla....

...775.087(2)(a), FLORIDA STATUTES (1991)? Knight v. State, 653 So.2d 457, 459 (Fla. 5th DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. John Andrew Knight was charged by amended information with aggravated assault with a firearm, see § 784.021, Fla.Stat....

aggravated assault pursuant to section 784.021, Florida Statutes (2012). Section 784.021, in pertinent part, provides:

...attempted armed robbery was a sufficient allegation to charge that the defendant "used" a deadly weapon to make an assault, so as to give the defendant "due process" notice of the essential constituent elements of the offense of aggravated assault (§ 784.021, Fla....

...(7) A criminal charging document charging aggravated battery (§ 784.045, Fla. Stat.) does not necessarily and as a matter of law allege all facts essential to adequately charge and to give due process notice of an accusation of aggravated assault (§ 784.021, Fla....

...A due process question is presented by the conviction of Akins of aggravated assault as a necessary lesser included offense of the aggravated battery charged in count II. If the charges of aggravated battery and the aggravated assault are both based on the use of a deadly weapon (§ 784.045(1)(b) and § 784.021(1)(a)), as they are in this case, in essence the legal question is whether simple assault (§ 784.011, Fla....

...This legal point is considered in some depth in the specially concurring opinion in Savino v. State, 447 So.2d 411 (Fla. 5th DCA 1984), and need not be repeated here. Because statutory assault (§ 784.011, Fla. Stat.) and statutory battery (§ 784.03, Fla. Stat.) (and, consequently, aggravated assault (§ 784.021, Fla....

...[5] Similarly the absence of an intent to commit a sexual battery is not a negative "element" of a lewd assault on a child (§ 800.04, Fla. Stat.) and the absence of an intent to kill is not a negative "element" of an aggravated assault with a deadly weapon (§ 784.021(1)(a), Fla....

...trial court with instructions to dismiss the charge of aggravated assault against Tindle as to Williams, but hold a new trial on the charge of aggravated assault as to Mixon. REVERSED and REMANDED. THOMPSON, C.J., and PETERSON, J., concur. NOTES [1] § 784.021(1)(a), Fla....

...In case # 83-761, appellant was charged with criminal mischief, a violation of section 806.13, Florida Statutes (1981). In case # 83-1050, appellant was originally charged in a two-count information with first degree burglary, a violation of section 810.02, Florida Statutes (1981), and aggravated assault, a violation of section 784.021, Florida Statutes (1981)....

...iolation of sections 812.133 and 775.087(2) of the Florida Statutes (2000), burglary of dwelling with a firearm in violation of sections 810.02 and 775.087(2) of the Florida Statutes (2000), aggravated assault with a firearm in violation of sections 784.021(1)(a) and 775.087(a) of the Florida Statutes (2000), possession of a firearm in the commission of a felony, to wit: burglary or carjacking, in violation of section 790.07(2) of the Florida Statutes (2000), and petit theft in violation of section 812.014(3)(a) of the Florida Statutes (2000)....

...he person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear. § 812.133, Fla. Stat. (2000). The statutory definition of the crime of aggravated assault is as follows: 784.021. Aggravated assault (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill;.... § 784.021, Fla....

...In the present case, as in Velasquez, the information only charged the elements of the crime of attempted first-degree murder. The offense of aggravated assault includes the required element that the victim had a well-founded fear of imminent violence. § 784.021, Fla....

...The error, however, is *243 harmless because a deletion of those points does not change the recommended range. See Gibbons v. State, 543 So.2d 860 (Fla. 2d DCA 1989). Owens challenges the fifteen-year sentence he received on count V. Count V, aggravated assault, is a third-degree felony. § 784.021, Fla....

...Properly classified, the offense in this case would result in a maximum scoresheet sentence of 208 months of imprisonment. Therefore, we reverse and remand for resentencing. ALTENBERND, A.C.J., CASANUEVA and DAVIS, JJ., Concur. NOTES [1] See § 782.04(1)(a)(1), Fla. Stat. (1997). [2] See §§ 782.04(4), 784.021(1)(a), Fla....

...[3] The trial court gave the standard jury instruction for aggravated assault committed with a deadly weapon without intent to kill. The trial court did not instruct the jury on aggravated assault as an assault made with an intent to commit a felony, see § 784.021(1)(b), nor would the evidence presented have supported such an instruction.

...person against the will of the other; or . . . [i]ntentionally causes bodily harm to another person." § 784.03(1)(a), Fla. Stat. An aggravated assault is an "assault" with a deadly weapon without intent to kill or with an intent to commit a felony. § 784.021, Fla....

...Before HUBBART, NESBITT and BASKIN, JJ. BASKIN, Judge. Defendant Fischer was charged with one count of burglary of an occupied dwelling, § 810.02, Fla. Stat. (1983), one count of armed robbery, § 812.13, Fla. Stat. (1983), and two counts of aggravated assault, § 784.021(1)(a), Fla....

...This appeal is from the judgment and sentences. We have carefully considered the record on appeal, briefs and arguments of counsel and are of the opinion that the judgment appealed is substantially free of error and should be affirmed. We note, however, that aggravated assault, Section 784.021, Florida Statutes (1975) is a felony of the third degree carrying a sentence not exceeding five (5) years....

...Instead, this statute is a penalty enhancement statute which provides an "increase and certainty of penalty" for crimes committed against law enforcement officers and other specified persons and prescribes a sentence pursuant to the Criminal Punishment Code for aggravated assault as described in section 784.021....

...The intent of section 775.0823 is to impose increased punishment by the use of a multiplier in an effort to protect all law enforcement officers and other government officials charged with enforcing, prosecuting, and judging criminal activity from violent offenses when they are acting in an official capacity. Section 784.021(1), Florida Statutes (1999), defines aggravated assault as an assault "(a) [w]ith a deadly weapon without intent to kill; or (b) [w]ith an intent to commit a felony." Clearly, section 784.021(1) is a substantive statute creating and defining aggravated assault and makes no mention of especially protecting law enforcement officers. Section 784.07(2)(c) [3] reclassifies an aggravated assault, presumably as defined in section 784.021, against a police officer, judge, prosecutor, fireman, or EMT, from a third degree felony to a second degree felony....

...However, section 784.07(2)(c) could also be interpreted as creating a substantive offense because it contains the element of knowingly committing the act of aggravated assault on a law enforcement officer. Thus, section 784.07 contains one more element than section 784.021, which defines aggravated assault....

...Darst is entitled to relief because his scoresheet was enhanced twice-first when his crime of aggravated assault on a law enforcement officer was reclassified from a third to second degree felony and second when the 1.5 multiplier was applied under section 921.0024 for a violation of 784.021 by committing aggravated assault against a law enforcement officer....

...violent offense against any law enforcement or correctional officer ... which offense arises out of or in the scope of the officer's duty as a law enforcement or correctional officer,... as follows: * * * (10) For aggravated assault as described in s. 784.021, a sentence pursuant to the Criminal Punishment Code....

Statute § 784.021 met ACCA’s “elements clause” definition. See id. at 1338. Florida Statute § 784.021 defines

for aggravated assault, pursuant to Fla. Stat. § 784.021; and (3) a conviction for conspiracy to distribute

...Thus whether aggravated assault qualifies as a category 2 lesser offense requires first examination of the information to determine whether it alleges all of the elements of the lesser offense and second, whether the evidence supports the allegation of the lesser offense. State v. Daophin, 533 So.2d 761 (Fla. 1988). Section 784.021, Fla....

...We affirm the denial of Fuller's motion for judgment of acquittal without comment. We conclude, however, that the jury instructions were—as the State concedes—fundamentally erroneous because they improperly "permitted the jury to convict [the defendant] of aggravated assault[, see § 784.021, Fla....

So.3d 679], and 2013. 8.2 AGGRAVATED ASSAULT § 784.021, Fla. Stat. To prove the crime of Aggravated Assault

...State, this court held that a conviction for aggravated assault with a weapon was not subject to enhancement because the use of the weapon under the verdict was an essential element of the conviction. However, the opinion went on to recognize that aggravated assault, under section 784.021 may be committed either by use of a weapon or by committing an assault with the intent to commit a felony, and stated: We do not reach the question as to whether an enhancement of the penalty is available if the accused is convicted o...

...Therefore, no conviction of aggravated battery under the "deadly weapon" subsection can be enhanced under section 775.087(1), Florida Statutes (1979). See Williams v. State, 358 So.2d 187 (Fla. 4th DCA 1978), reaching the same conclusion as to an aggravated assault with a deadly weapon (§ 784.021(1)(a), Fla....

...delinquent for aggravated assault and entered a disposition order revoking his probation and adjudicating him delinquent in the petit theft case. To prove aggravated assault, the State must show that the defendant committed assault with a deadly weapon without intent to kill. § 784.021(1)(a), Fla....

...COWART, J., dissents with opinion. COWART, Judge, dissenting. At one place the defendant pointed one gun one time at one person. Based on this one nuclear indivisible act, the defendant was convicted and sentenced for two offenses: (1) aggravated assault with a firearm (§ 784.021(1)(a), Fla....

...actual event (one nuclear act — not some combination of acts called a transaction or episode) which single act was also the entire factual basis for the defendant's conviction for the primary underlying offense of aggravated assault with a firearm (§ 784.021(1)(a), Fla....

...4th DCA 1989); Prescott v. State, 529 So.2d 302 (Fla. 4th DCA 1988); Sapp v. State, 522 So.2d 1006 (Fla. 4th DCA 1988). Reaching the conclusion that the defendant in this case cannot be convicted of both the underlying felony offense of aggravated assault with a firearm (§ 784.021(1)(a), Fla....

...This is a classic aggravated assault case in which a defendant threatens another person with a deadly weapon. The punishment for the misdemeanor threat (assault) (§ 784.011, Fla. Stat.) has already been enhanced to third degree felony level (aggravated assault under section 784.021(1)(a), Florida Statutes) because of the use of a deadly weapon in the making of the threat....

...Surely the punishment for the same conduct was not intended to be once again enhanced for the same reason to a second degree felony because of section 790.07(2), Florida Statutes. If the legislature intended that result, then it could have simply made aggravated assault with a deadly weapon (§ 784.021(1)(a), Fla. Stat.) punishable as a second degree felony. [5] Under the majority's view of this common factual basis for an aggravated assault charge, the State has the charging choice of either charging the defendant with an aggravated assault under section 784.021(1)(a), Florida Statutes, a third degree felony, OR charging the defendant with the firearms offense under section 790.07(2), Florida Statutes, a second degree felony, OR charging and convicting the defendant for both, letting the trial or appellate court vacate one *762 or the other of the two offenses....

...ons, not only should the conviction for the ancillary firearms offense (§ 790.07(2), Fla. Stat.) be reversed but the sentence, based on guidelines scoring both offenses, should be vacated and the cause should be remanded for resentencing. NOTES [1] § 784.021(1)(a), Fla....

...He was sentenced to six years in prison; the last three years were suspended and appellant was to be placed on probation for that period. The sentence specifically provided that no credit was to be given for time served. Aggravated assault is a third degree felony, Section 784.021(2), Florida Statutes (1975); and the maximum prison sentence which may be imposed for such a crime is five years....

aggravated assault requiring a deadly weapon. See § 784.021(l)(a), Fla. Stat. (2014) (defining aggravated

...o second-degree felonies pursuant to section 775.087, Florida Statutes, because appellant possessed a firearm during the commission of these crimes. If the twelve-year sentences were imposed for the offense of aggravated assault with a firearm under section 784.021(1)(a), Florida Statutes, however, appellant would be entitled to relief. This court has repeatedly held that the offense of aggravated assault with a firearm under section 784.021(1)(a) cannot be reclassified to a second-degree felony pursuant to section 775.087(1) because use of a firearm is an essential element of that offense....

...Accordingly, we recede from Salyer and reaffirm the law as set forth in Allen. AFFIRMED. *84 MONACO, C.J., GRIFFIN, SAWAYA, ORFINGER, TORPY, LAWSON, EVANDER, COHEN, and JACOBUS, JJ., concur. NOTES [1] See § 812.13(2)(a), Fla. Stat. (2007). [2] See § 784.021(1)(A), Fla....

...However, only aggravated assault with a deadly weapon is an enumerated predicate felony for the HVFO statute. § 775.084(1)(b)(1)(g), Fla. Stat. (2002). Because aggravated assault can be committed in two ways, either by committing an assault with a deadly weapon or with an intent to commit a felony, § 784.021(1), Fla....

...Appellant alleges that the information in this case did not support an *55 instruction on aggravated assault because it did not allege the elements of an aggravated assault. An aggravated assault is an "assault" with a deadly weapon without intent to kill or with an intent to commit a felony. § 784.021, Fla....

[w]ith a deadly weapon without intent to kill.” § 784.021(1)(a), Fla. Stat. (2014). Whether an object is

...CONVICTIONS AFFIRMED; REMANDED FOR CORRECTION OF SENTENCE. W. SHARP, J., concurs. DAUKSCH, J., concurs specially, with opinion. DAUKSCH, Judge, concurring specially. In my opinion the trial court properly admitted into evidence the Williams rule testimony. NOTES [1] § 810.02(2)(a), Fla.Stat.(1995). [2] § 784.021(1)(a), Fla.Stat.(1995)....

separate offense from aggravated assault (section 784.021) and sexual battery (section 794.011). Each

...ree felonies. See Section 775.082(3)(d), Florida Statutes. The state in its answer *681 brief acknowledges the sentencing error. We reverse. Appellant was convicted of two counts of aggravated assault with a deadly weapon, a third degree felony. See Section 784.021, Florida Statutes....

classifies that offense as a third- degree felony. § 784.021, Fla. Stat. (2016). And the statute that defines

...Placing the burden of proof on the defendant at the pretrial evidentiary hearing is principled, practical, and supported by our precedent. FACTS AND PROCEDURAL HISTORY The defendant, Jared Bretherick, was charged by information with aggravated assault with a firearm under section 784.021(1)(a), Florida Statutes (2011), for his conduct during an encounter with another driver on a highway in 2011....

...disregard for public safety. Also in the departure order the court stated that any one of the two reasons standing alone would justify a departure from the sentencing guidelines. [1] As appellant correctly points out, the aggravated assault statute, section 784.021, Florida Statutes, provides that aggravated assault can be a crime in which a deadly weapon is used, or is an assault with intent to commit a felony (no weapon required)....

...Aggravated battery, a category 2 lesser included offense of sexual battery under sections 794.011(2) and (3), is a second degree felony under section 784.045(1)(a). Aggravated assault, a category 2 lesser included offense of sexual battery under sections 794.011(2), (3) and (4), is a third degree felony under section 784.021(1)(a)....

...ses, is flawed. The State maintains that aggravated assault with a deadly weapon and aggravated assault with a firearm are sentencing variants of the offense of aggravated assault, not separate and distinct offenses. Aggravated assault is defined in section 784.021, Florida Statutes, as follows: (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony....

...Was it harmful error for the trial court to refuse the defendant's request for an instruction on aggravated assault with a deadly weapon? The answer is yes. The trial court believed such an instruction was unnecessary because both offenses are third degree felonies punishable by up to five years imprisonment. See § 784.021, Fla....

...However, the district court correctly concluded that the omission of an express citation to Fla. Stat. § 2 For shorthand, we refer to this offense as “simple vehicle flight.” 4  Case: 11-15407 Date Filed: 02/27/2013 Page: 5 of 14 784.021 (the substantive provision creating the crime of aggravated assault) was “not fatal” because the information and certified final judgment of conviction establish that Gandy had pleaded guilty to aggravated assault on a law enforcement officer, a violent felony under the ACCA....

...This was the same specific offense charged in the information, and therefore the district court properly relied on the information to determine the nature of his offense. The language in the information tracked the language of Fla. Stat. §§ 784.011 (assault) and 784.021 (aggravated assault), making it clear that Gandy’s conviction was for aggravated assault....

conviction for aggravated assault pursuant to section 784.021(l)(a), Florida Statutes (2009), which related

...ate, could not have affected the result of this case. Hence, I find no harmful error and, if different, no fundamental error. NOTES [1] §§ 782.04(1)(a)1; 777.04(1), 775.0823(2); 775.087(1)(a), (2)(a), Fla. Stat. [2] § 812.13(2)(a), Fla. Stat. [3] § 784.021(1)(a), Fla....

...) motion in which he alleged that although he entered into a plea agreement to serve a fifteen-year sentence for aggravated assault with a deadly weapon, the sentence is illegal. Aggravated assault with a deadly weapon is a third-degree felony under section 784.021(1)(a), Florida Statutes (1991), with a statutory maximum of five years....

count two, aggravated assault with a firearm, section 784.021, Florida Statutes (2012); and on count three

...We reverse the sentence and conviction for grand theft. Because vacating the conviction for grand theft does not affect Ward's sentence, he need not be resentenced. AFFIRMED in part; REVERSED in part. PALMER and ORFINGER, JJ., concur. NOTES [1] § 812.13(2)(a), Fla. Stat. [2] § 784.021(1)(a), Fla....

essential element of aggravated assault. See § 784.021(1)(a). See Patterson v. State, 693 So.2d 74 (Fla

aggravated assault with a firearm, (count I), § 784.021(l)(a), Fla. Stat. (2009), and unlawful possession

...ommit this type of crime. This leads us to conclude that the evidence should have been excluded, and its inclusion was not harmless error. REVERSED and REMANDED. GOSHORN, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 812.13, Fla. Stat. (1993). [2] § 784.021, Fla....

...Motion for Rehearing DENIED, conflict CERTIFIED. GRIFFIN and THOMPSON JJ., concur. NOTES [1] Section 775.084(1)(b), Fla. Stat. (2000). [2] §§ 812.133(1), (2)(a); 775.087(2)(a)1, Fla. Stat. (2000). [3] §§ 810.02(1), (2)(b); 775.087(2)(a)1, Fla. Stat. (2000). [4] § 784.021(1)(a), Fla....

...e direction of the victim, which created a well-founded fear that such violence was imminent, and during the commission thereof did use, carry and actually possess a firearm, to-wit: a handgun, or did discharge said firearm, in violation of Sections 784.021(1)(a) and 775.087(1) & (2), Florida Statutes....

...And in Fuentes, the information charged the defendant with aggravated assault using a deadly weapon, but the trial court instructed the jury that it could convict him if he used a deadly weapon or intended to commit a felony, which are separate violations under section 784.021(1)(a) and (1)(b), Florida Statutes....

..."assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Section 784.021(1)(a), Florida Statutes (2001), provides that an assault is aggravated when committed "[w]ith a deadly weapon without intent to kill." The trial court gave the standard instruction: Before you can find the defendant guilty of aggravat...

under any of the following statutes: d. Section 784.021, relating to aggravated assault.

...Appellant, J.M., a juvenile, was charged with and found guilty of (I) possession of a weapon on school property in violation of section 790.115(2)(b) or 790.115(2)(c), Florida Statutes; and (II) intentional assault with a knife, a deadly weapon without intent to kill, in violation of section 784.021(1)(a), Florida Statutes....

...erning the possession offense charged in count I. [1] Appellant also concedes that as to the charge of aggravated assault under count II, the weapon in this case, a common pocket knife, may constitute a "weapon" for purposes of the charging statute, section 784.021(1)(a), if it is used as a deadly weapon, i.e., if it is used in a manner likely to produce death or great bodily injury....

weapon without intent to kill, in violation of section 784.021(l)(a), Florida Statutes. The issue on appeal

...to commit a felony. Phillips v. State, 93 Fla. 112, 111 So. 515 (1927). We think the same result obtains here. An aggravated assault requires an assault with either (a) a deadly weapon without the intent to kill or (b) the intent to commit a felony. § 784.021, Fla....

...enders. In addition, although section 784.07 does not reference any sentencing provisions, it does relate back to the aggravated assault statute which explicitly refers to the possibility of sentencing under the habitual felony offender statute. See § 784.021 (providing that aggravated assault is a third-degree felony punishable as provided in sections 775.082, 775.083, or 775.084)....

...If Rockmore had instead been charged with and convicted of aggravated assault with a deadly weapon, the PRR statute would have mandated a sentence of only five-years’ imprisonment. See § 775.082(9)(a)3., Fla. Stat. (explaining that a third-degree felony is punishable by a term of imprisonment of five years); § 784.021(2), Fla....

...We affirm the order revoking probation without discussion. The sentence imposed upon the revocation of probation was a probationary split sentence of 45.9 months' imprisonment followed by 16 months' probation. Mr. Davis was convicted of aggravated assault, a third-degree felony. See § 784.021, Fla....

See § 784.011, Fla. Stat. (2005) (assault); § 784.021, Fla. Stat. (2005) (aggravated assault); § 784

kill" or (2) with an intent to commit a felony. § 784.021, Fla. Stat. Reviewing the statutes, burglary with

Counts 3, 4, and 5 were third-degree felonies. See § 784.021(2), Fla. Stat. (2008). The 20-year sentences for

...We agree, however, with the appellant's contention that he is entitled to a new trial on the aggravated assault with a firearm conviction. The appellant was charged with aggravated assault with a deadly weapon, to wit a firearm, in violation of *291 section 784.021(1)(a), Florida Statutes (1989)....

...Next, Smith contends that he was impermissibly convicted of the use of a firearm in the commission of an aggravated assault in violation of § 790.07(2), Florida Statutes (1987), [1] and aggravated assault with a deadly weapon without intent to kill, in violation of § 784.021(1)(a), Florida Statutes....

...hanced over the penalty provided for the commission of that felony without the described weapon or firearm. For these reasons, the trial court erred in convicting Smith of both offenses. Hall v. State, 517 So.2d 678 (Fla. 1988). [3] The violation of § 784.021(1)(a), defining aggravated assault, being the lesser crime, the conviction of that offense must be set aside....

...he third degree, ... Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree, ... [2] Section 784.021 provides: (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony....

...was accused of pointing a cigarette lighter, which looked like a gun, in the victims' faces. At the time of the offenses, both victims believed that the cigarette lighter was a gun. We conclude that the cigarette lighter could not be considered a deadly weapon pursuant to the aggravated battery statute and reverse. See § 784.021, Fla....

threat. Instead, it requires an “assault,” see section 784.021(1)(a), Florida Statutes (2014), which is “an

with a firearm when the correct citation is section 784.021(2), Florida Statutes (2015). The judgment also

...[2] Some such crimes requiring a specific intent are: attempts, with intent to commit other crimes (section 777.04(1), Florida Statutes); killings, with a premeditated design to effect the death (section 782.04(1)(a)1., Florida Statutes); assaults with a specific prohibited intent (section 784.021(1)(b), Florida Statutes); kidnapping with a specific prohibited intent (section 787.01(1)(a), Florida Statutes); burglary (section 810.02(1), Florida Statutes); obtaining or using property with a specific prohibited intent (sections 812.014(1); 817.02; 817.03; and 817.034(3)(d), Florida Statutes)....

...Ehrhardt, Florida Evidence §§ 90.404(1), 90.609 & 90.610 (1992 ed.); Landry v. State, 620 So.2d 1099, 1101 (Fla. 4th DCA 1993) (improper for the state to query officer about his "unblemished record"). NOTES [1] § 843.01, Fla. Stat. (1991). [2] §§ 784.021(1)(a), 784.07(2)(c), Fla. Stat. (1991). [3] Six-foot-two inches; 230 pounds. [4] § 784.021(1)(a), Fla....

or (2) with the intent to commit a felony. See § 784.021, Fla. Stat. (2007). The HVFO statute lists only

deadly weapon without an intent to kill. See § 784.021(1)(a), Fla. Stat. (2014). During closing argument

...The State proved beyond a reasonable doubt that C.J.P. helped S.W. leave the cul-de-sac, but not that he did so "knowing that [S.W.] had committed a felony." § 777.03, Fla.Stat. (1993). Insofar as pertinent here, aggravated assault entails use of "a deadly weapon." § 784.021(1)(a), Fla.Stat....

1997, for aggravated assault, a violation of section 784.021(l)(b), Florida Statutes, based on a plea agreement

of aggravated assault with a firearm under section 784.021.3 Jackson appealed his conviction and this

aggravated assault conviction, see Fla. Stat. § 784.021, qualified as a violent felony under the Armed

aggravated assault) is a third degree felony, § 784.021(2), Fla. Stat. (2003), reclassified to a second

restraint may also be used when necessary. . See § 784.021(l)(a), Fla. Stat. (2000). . See § 790.10, Fla

other person that such violence is imminent.” Section 784.021(1), Florida Statutes (2021), then defines

...O'Briant, 258 S.E.2d 839, 842 (N.C. Ct. App. 1979) (explaining that the misdemeanor offense of assault with a deadly weapon is a lesser included offense of the felony of assault with a deadly weapon with intent to kill (citing N.C.G.S. 14-33(b)(1)), with Fla. Stat. § 784.021 (defining the felony offense of aggravated assault as an assault with a deadly weapon without intent to kill). It is clear that the North Carolina conviction could not now be considered for the purposes of the prior-violent-felony aggravator under Florida law....

assault with a deadly weapon in violation of section 784.021(l)(a), Florida Statutes (2014). He received

or an assault with intent to commit a felony. § 784.021, Fla.Stat. (1981). It is a category (2) lesser

when it only indicated a simple assault. Compare § 784.021(2), Fla. Stat. (1998) ("Whoever commits an

when it only indicated a simple assault. Compare § 784.021(2), Fla. Stat. (1998) ("Whoever commits an

...The written judgment lists Count I as battery on a law enforcement officer and Count II as resisting an officer with violence, including references to the corresponding statutes. In so doing, the judgment erroneously recites that Count II is a violation of section 784.021, Florida Statutes, when, in fact, resisting an officer with violence is a violation of section 843.01, Florida Statutes....

while wearing a mask; a third degree felony. § 784.021(2), Fla.Stat. (1997). Reclassified as a second

off the road, contrary to F.S. 784.021. The statute in question, Section 784.021, Florida Statutes (1979)

aggravated assault with a firearm, Fla. Stat. § 784.021; one for resisting an officer with violence,

aggravated assault with a firearm, Fla. Stat. § 784.021; one for resisting an officer with violence,

essential element of aggravated assault. See § 784.021(1)(a). See Patterson v. State, 693 So. 2d 74

appellant could be sentenced is five years. Section 784.021, Florida Statutes (1977); Section 775.082(3)(d)

concur. . § 812.133, Fla. Stat. (2013). . § 784.021, Fla. Stat. (2013). .§ 812.13(l)-(2)(a), Fla

imposed upon the aggravated assault conviction. Section 784.021, Florida Statutes (1979) provides that aggravated

beyond the allowable penalty as set forth in Section 784.021, Florida Statutes. It has been determined that

DAUKSCH, J., concur. . § 800.04(1), Fla. Stat. . § 784.021(l)(a), Fla. Stat. . § 893.13(l)(a)2, Fla. Stat

aggravated assault with a deadly weapon pursuant to section 784.021(l)(a), Florida Statutes (2006), alleging he

assault with a deadly weapon, in violation of section 784.021(l)(a), Florida Statutes (2000). L.C. argues

concurs. COWART, J., dissents with opinion. . § 784.021(l)(a), Fla.Stat. (1985). . § 790.07(2), Fla

Such an act constitutes aggravated assault. Section 784.021(l)(a), Florida Statutes (1977). Section 784

state agrees that it is a third degree felony, § 784.021, .775.082, Florida Statutes (1987), Blanton v

other person that such violence is imminent.”); § 784.021(1)(a), Fla. Stat. (2021) (“An ‘aggravated assault’

necessary to form the underlying crime. See, e.g., § 784.021, Fla. Stat. (2023) (listing the elements for aggravated

to commit a felony in violation of Fla. Stat. § 784.021; (2) resisting an officer with violence in violation

1990 (Ch. 89-526, §§ 6, 8 Laws of Florida). . § 784.021, Fla.Stat. . The order revoking this probation

he plead nolo contendere to a violation of section 784.021, Florida Statutes, rather than a violation

, concur. . § 812.133(2)(a), Fla. Stat. . § 784.021(l)(a), Fla. Stat. . § 782.04(l(a)(2), Fla. Stat

section 784.04(2), which has been renumbered to section 784.021 and pertains to aggravated assault. See, e

...r under section 784.07(2)(c). Unlike the robbery statute, the aggravated assault and assault statutes1 do not specify a period for the commission of the crime. The crime is complete once the defendant makes a threat and places someone in fear. 1 Section 784.021(1)(a), Florida Statutes (2010), defines “aggravated assault” is an assault: (a) With a deadly weapon without intent to kill....

perpetrators intended to commit a felony. See § 784.021(1), Fla. Stat. (1997). Moreover, the felony of

aggravated assault with a deadly weapon under section 784.021(1)(a), Florida Statutes (1997), qualifies

...and imposing a five year term of probation for resisting an officer. SENTENCES VACATED; REMANDED FOR RESENTENCING. DAUKSCH, W. SHARP and GOSHORN, JJ., concur. NOTES [1] Section 843.01 Fla. Stat. (1989). [2] Section 316.1935(1) Fla. Stat. (1989). [3] Section 784.021(1)(a) Fla....

This conclusion is erroneous. Pursuant to section 784.021, Florida Statutes (1993), aggravated assault

“[w]ith a deadly weapon,” to wit, a firearm. § 784.021(l)(a), Fla. Stat. (1987). Obviously, it is impossible

counts of aggravated assault, in violation of section 784.021, Florida Statutes.

REMANDED. DAUKSCH and GOSHORN, JJ., concur. . § 784.021(l)(a), Fla.Stat. (1995). . § 806.13(l)(a) and

Florida’s statutes defining Aggravated Assault. Section 784.021, Florida Statutes, provides: (1) An “aggravated

retroactively. . § 812.13(2)(a), Fla. Stat. (1985). . § 784.021(l)(a), Fla. Stat. (1985). . § 790.07, Fla. Stat

State v. Smith, 547 So.2d 613 (Fla.1989). Section 784.021, governing aggravated assaults, requires, among

degree felony instead of a third degree felony. Section 784.021(2), Fla.Stat. (1991). We remand this judgment

violence, contrary to F.S. 784.021, F.S. 784.07(2)(c) and F.S. 775.057(L6).... Section 784.021 is aggravated

and FRANK D. UP-CHURCH, Jr., J., concur. . § 784.021, Fla.Stat. (1979).

weapon without intent to kill, contrary to Section 784.021(1)(a), Florida Statutes.” Noticeably

, concur. . § 790.01, Fla.Stat. (1987). . § 784.021, Fla.Stat. (1987).

law enforcement officer with a firearm. See § 784.021(1), Fla. Stat. (2023); § 784.07(1)(e), Fla. Stat

sentence for aggravated assault is five years. See § 784.-021(2), Fla.Stat. (1977); § 775.082(3)(d), Fla. Stat

J., and SCHEB, J. M„ Senior Judge, concur. . § 784.021, 784.07(2)(c), Fla. Stat. (1995).

concur. . § 782.04(4), Fla.Stat. (1989). . § 784.021, Fla.Stat. (1989). . Section 775.087, Florida

supported a finding of aggravated assault. See § 784.021, Fla.Stat. (1993). Accordingly, we reverse defendant’s

information tracks the “aggravated assault” statute, Section 784.021(1), Florida Statutes (1977), but does not allege

the 2014 version and the current version of section 784.021(1)(a).

aggravated assault conviction arose under section 784.021(l)(a) (1989), assault with a deadly weapon

information with aggravated assault in violation of section 784.021, Florida Statutes (1985). He entered a plea

purpose of the aggravated assault statute, Section 784.021(l)(a) Florida Statutes (1979), regardless of

(1991). . § 810.02(2)(a), Fla.Stat. (1991). . § 784.021(l)(a), Fla.Stat. (1991). . § 775.084(4)(a),

Count III: Aggravated assault, in violation of Section 784.021(l)(a), Florida Statutes (1989) — sentenced

intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes (2017). However, we

intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes (2017). However, we

felony of aggravated assault with a firearm. § 784.-021, Fla.Stat. (1991). *122Appellant’s convictions

committing an aggravated assault in violation of section 784.021 of the Florida *291Statutes (1987). In calculating

DAUKSCH, J., concurs in conclusion only. . § 784.021, Fla.Stat. (1989). . § 784.045(1), Fla.Stat

assault with a motor vehicle in violation of Section 784.021, Florida Statutes (1983). The appellant pleaded

v. State, 347 So.2d 1087 (Fla. 3d DCA 1977); § 784.-021(1), Fla.Stat. (1981). We now must decide whether

(Great Bodily Harm/Firearm)” and then refers to section “784.021(1)(a),” Florida Statutes. Aggravated

(1997). . § 843.01, Fla. Stat. (1997). . § 784.021(l)(a), Fla. Stat. (1997). . Nelson v. State

aggravated assault in this case. See § 784.021, Fla. Stat..(2000) (defining "aggravated assault”

but a felony under Florida law, see Fla. Stat. § 784.021, and Florida’s domestic violence statutes authorize

aggravated assault with a deadly weapon pursuant to section 784.021(l)(a), Florida Statutes (2012). The information

to the victim was imminent as required by section 784.021, Florida Statutes (1991). It was therefore

§§ 812.13(1); 812.135, Fla. Stat. (1995). . § 784.021(l)(a), Fla. Stat. (1995). . § 790.19, Fla. Stat

Although aggravated assault, as defined by section 784.021(1), Florida Statutes, can be committed either

529], and 2016. 8.2 AGGRAVATED ASSAULT § 784.021, Fla. Stat. To prove the crime of Aggravated

192, Fla.Stat. (1983),1 and aggravated assault, § 784.021, Fla.Stat. (1983),2 do not have common statutory

assault, a third degree felony violation of section 784.021, Florida Statutes (1995); shooting at a dwelling

Florida conviction for aggravated assault under § 784.021 is categorically a violent felony under the ACCA’s

...hich creates a well-founded fear in such other person that such violence is imminent. § 784.011(1). An "aggravated assault" is an assault coupled with either the use of a deadly weapon without homicidal intent or with the intent to commit a felony. § 784.021(1)....

intent or with the intent to commit a felony. § 784.021(1). Count four of the petition of delinquency

felony under section 776.08, Florida Statutes. See § 784.021(1)(a), Fla. Stat. (2019) (an aggravated assault

with aggravated assault with a deadly weapon. § 784.-021(l)(a), Fla.Stat. (1983). The trial court dismissed

the provision for use of a deadly weapon, section 784.021(l)(a), Florida Statutes, aggravated battery

appellant filed a timely notice of appeal. Section 784.021(l)(a), Florida Statutes (1995), states that

battery and the aggravated assault. Under section 784.021(2), Florida Statutes (1985), aggravated assault

aggravated assault with a firearm in violation of Section 784.021, Florida Statutes (1981), and display and use

...He testified he did not have any drugs on his person or in his car, and he had no idea that Canevaro had drugs and was planning to sell them. Garces was initially charged with trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla. Stat. § 784.021; and willfully fleeing, in violation of Fla....

...He testified he did not have any drugs on his person or in his car, and he had no idea that Canevaro had drugs and was planning to sell them. Garces was initially charged with trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla. Stat. § 784.021; and willfully fleeing, in violation of Fla....

...Cook, 490 3 The six counts were charged in four different informations. Appellant pled guilty to the following six counts: burglary (Fla.Stat. § 810.02), use of a firearm in the commission of a felony (Fla.Stat. § 790.07(2)), aggravated assault (Fla.Stat. § 784.021), felonious possession of a firearm (Fla.Stat....

...The six counts were charged in four different informations. Appellant pled guilty to the following six counts: burglary (Fla. Stat. § 810.02), use of a firearm in the commission of a felony (Fla. Stat. § 790.07(2)), aggravated assault (Fla. Stat. § 784.021), felonious possession of a firearm (Fla....

AFFIRMED. GRIFFIN and THOMPSON, JJ., concur. . Section 784.021(1), Fla.Stat. (1993). . Section 812.015,

Id. § 784.021(1). So the first element of an aggravated assault under § 784.021(1) is an

kill or (b) with an intent to commit a felony. § 784.021(1), Fla. Stat. (2021).3 “For statutory purposes

valued at $295, a third degree felony; and to § 784.021(l)(a), Fla.Stat. (1985), aggravated assault with

aggravated assault with a deadly weapon under § 784.021(l)(a), Fla. Stat. (2002); namely, that the victim

deadly weapon in violation of Florida Statute § 784.021. He was sentenced to two years of State probation

deadly weapon in violation of Florida Statute § 784.021. He was sentenced to two years of State probation

deadly weapon in violation of Florida Statute § 784.021. He was sentenced to two years of State probation

...Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. COBB, W., Senior Judge. The appellant, Jeffrey Michael King, was convicted of aggravated assault on Jeffrey Lee King in violation of section 784.021(1), Florida Statutes (2007), and of animal cruelty in the death of a dog in violation of section 828.12(2), Florida Statutes (2007)....

crime of aggravated assault in violation of section 784.021, Florida Statutes (1987), count II. We affirm

aggravated assault with a deadly weapon under section 784.021(1)(a), Florida Statutes (2022), withheld adjudication

new trial. HARRIS and PETERSON, JJ., concur. . § 784.021(l)(a), Fla. Stat. . § 316.1935(2), Fla. Stat

to the victim was imminent, as required by section 784.021, Florida Statutes. Conviction under these circumstances

aggravated assault with a firearm in violation of section 784.021, Florida Statutes (1981). On the same date

with a deadly weapon, a third degree felony. See § 784.021, Fla. Stat. (2003). Because the judgment rendered

classified as a third-degree felony under section 784.021, Florida Statutes (1985), punishable by a term

following statutes . . . Section 784.021, relating to aggravated assault. § 435.07(4)(c)(1)(d)

to the victim was imminent, as required by section 784.021, Florida Statutes. Conviction under these circumstances

[[Image here]] This offense is now delineated at section 784.021, Florida Statutes, which provides: (1) An “aggravated

Florida Statutes) and aggravated assault (section 784.021(l)(a), Florida Statutes). . Fla. R.App. P

the aggravated battery statute and reverse. See § 784.021, Fla. Stat. (1999). “A deadly weapon is: any instrument

for aggravated assault, a third degree felony, § 784.021(2), Fla.Stat. (1985), is five years’ imprisonment

AN OFFENSE THAT IS STATUTORILY DEFINED BY SECTION 784.021(l)(a) AS AN ASSAULT WITH A DEADLY WEAPON. Accordingly

firearm. This crime is a third degree felony. § 784.021(2), Fla.Stat. (1993). The enhancement provisions

Aggravated assault is a third degree felony, see § 784.021(l)(a), (2), Fla. Stat. (1997). The fifteen-year

counts of aggravated assault in violation of section 784.021, Florida Statutes (1991). The appellee moved

of aggravated assault within the meaning of section 784.021(1)(a), Florida Statutes (1991), see In the

assault with a firearm is a third degree felony, § 784.021, Fla.Stat. (1991), for which the maximum penalty

properly scored as a third-degree felony. See § 784.021, Fla. Stat. (1987). Therefore, Singleton should

assault is punishable as a third degree felony. See § 784.021, Fla. Stat. (2002). This offense may not be reclassified

Aggravated assault is a third-degree felony. § 784.021(2), Fla. Stat. (1990). However, the allegation

felony punishable by five years in prison. See § 784.021, Fla. Stat. (1999); § 775.082, Fla. Stat. (1999)

whether the assault was an aggravated assault, Section 784.021, Florida Statutes (1979), provides in pertinent

(1985). . § 790.07, Fla.Stat. (1985). . § 784.021(1)(a), Fla.Stat. (1985). . § 806.13(l)(b)1,

with a deadly weapon without intent to kill. § 784.021(l)(a), Fla. Stat. (2007). A deadly weapon is an

aggravated assault with use of a deadly weapon, § 784.021(l)(a). The trial court sentenced him to twenty

be an assault with intent to commit a felony. § 784.021(1), Fla.Stat. (1979). While it is true that the

...Here, it is clear that the trial court considered the request of the juror and made a reasoned decision not to have the testimony re-read. We find no abuse of discretion. Accordingly, the judgment and sentence is affirmed. AFFIRMED. ORFINGER and LAWSON, JJ., concur. NOTES [1] See § 784.021(1)(a) and § 775.087(2), Fla....

assault, a third-degree felony, in violation of section 784.021, Florida Statutes (1983); and 2) in case number

Barber with aggravated assault in violation of section 784.021, Florida Statutes (1987), and petit theft in

degree felony level (aggravated assault under section 784.021(l)(a), Florida Statutes) because of the use

counts of aggravated assault in violation of section 784.021, Florida Statutes (1991). Mr. Velasquez moved

counts of aggravated battery in violation of section 784.021(1)(b), Florida Statutes (1983). Appellant was

...e indictment if there was an ambiguity in the judgment. Here, as in Taylor, the state statute under which Gage was charged encompassed some offenses that would satisfy the enhancement statute, and others that would not. Specifically, Fla. Stat. Ann. § 784.021 defines aggravated assault, in pertinent part, as "an assault . . . [w]ith a deadly weapon without intent to kill." Fla. Stat. Ann. § 784.021 (1)(a) (West 2000)....

three; and aggravated assault in violation of section 784.021, count four. After Blotz pled no contest to

738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . § 784.021, Fla.Stat. (1993).

with a deadly weapon without intent to kill. Section 784.021(l)(a), Fla.Stat. (1989). The charge against

AFFIRMED. COBB and GOSHORN, JJ., concur. . § 784.021(1), Fla.Stat. (1991). . § 790.19, Fla.Stat.

assault with a deadly weapon, to wit: a firearm, § 784.-021(l)(a), Fla.Stat. (1989), because the mandatory

weapon without intent to kill, contrary to section 784.021(l)(a), Florida Statutes (2012). This offense

purpose of the aggravated assault statute, Section 784.-021(l)(a), Florida Statutes (1979). M. R. R. v

aggravated assault, a felony of the third degree. § 784.021(2), Fla. Stat. (2012). His sentence was reclassified

other persons that ... violence is imminent.” Section 784.021, Florida Statutes (1979), specifies that aggravated

19-11484 assault in violation of Fla. Stat. § 784.021 and (2) resisting arrest with violence

assault with a deadly weapon and refers to section 784.021(1)(A). This appears to be a scrivener’s error

deadly weapon without an intent to kill. See § 784.021(1)(a), Fla. Stat. (2014). During closing argument

assault with the intent to commit a felony. See § 784.021, Fla. Stat. (1992). The former may be used as

aggravated assault entails use of “a deadly weapon.” § 784.021(l)(a), Fla.Stat. (1993). A stick may be a deadly

sentence for aggravated assault with a firearm, § 784.021, Fla.Stat. (1985),1 as reduced from the charged

concur. . § 787.02(l)(a), Fla. Stat. (2000). . § 784.021, Fla. Stat. (2000). . Faison v. State, 426 So