Assault and Battery

784.011 Assault

1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
2. At the time (defendant) appeared to have the ability to carry out the threat.
3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place

784.021 Aggravated Assault

1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
2. At the time (defendant) appeared to have the ability to carry out the threat.
3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.
4. a. The assault was made with a deadly weapon.
    b. The assault was made with a fully formed, conscious intent to commit (charged crime) upon (victim).
If 4.a. is alleged, it is not necessary for the State to prove that the defendant had an intent to kill.
If 4.b. is alleged, define the crime charged.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

784.03 Battery

1.a. (Defendant) intentionally touched or struck (victim) against his or her will; or
   b. (Defendant) intentionally caused bodily harm to (victim).

784.045 Aggravated Battery

1.a. (Defendant) intentionally touched or struck (victim) against his will; or
   b. (Defendant) intentionally caused bodily harm to (victim).
2.a. (Defendant) in committing the battery knowingly or intentionally
(1) caused great bodily harm to (victim); or
(2) caused permanent disability to (victim); or
(3) cause permanent disfigurement to (victim); or
   b.(Defendant) in committing the battery used a deadly weapon.
3. The battery victim was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm

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