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....

...rior convictions for a ‘violent felony.’” Mathis v. United States, 136 S. Ct. 2243, 2248 (2016). Defendant’s PSR identified four ACCA-qualifying convictions: (1) aggravated assault with intent to commit a felony in violation of Fla. Stat. § 784.021; (2) resisting an officer with violence in violation of Fla....

...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....

PER CURIAM: The issue in this appeal is whether a Florida conviction for aggravated assault, see Fla. Stat. § 784.021 , constitutes a “crime of violence” under U.S.S.G....

...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)....

...Walker’s tentative identifications, probable cause existed to arrest the Plaintiffs and to charge them as principals in the first degree with armed occupied burglary with a battery under section 810.02, Florida Statutes (1999), and aggravated assault with a firearm under section 784.021, Florida Statutes (1999), because all of the bondsmen had their guns drawn and pointed at Mr....

...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....

...finding that he did not possess a firearm negates its finding that he committed aggravated assault with a deadly weapon. In Gerald v. State, 132 So. 3d 891, 893-94 (Fla. 1st DCA 2014), the appellant was convicted of aggravated assault under section 784.021, Florida Statutes, and it was clear from the evidence that the aggravated assault was based on the appellant's use of a deadly weapon, i.e., a gun....

...concluded that [a]ppellant committed the aggravated assault with an intent to commit a felony. The trial court did not instruct the jury on aggravated assault with an intent to commit a felony, pursuant to section 784.021(1)(b), nor could the evidence here have supported such an instruction. Instead, the jury was only instructed on aggravated assault with a deadly weapon....

...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....

...tion of aggravated battery to simple battery, that would only exacerbate the apparent partial jury pardon and display of lenience. Id. at 12 . Here, in contrast to the defendant in Carswell , Appellant was convicted of aggravated assault pursuant to section 784.021, Florida Statutes (2012). Section 784.021, in pertinent part, provides: (1) An “aggravated assault” is an assault: (a) With a deadly weapon without intent to kill; or *894 (b) With an intent to commit a felony....

...Moreover, the jury could not have independently concluded that Appellant committed the aggravated assault with an intent to commit a felony. The trial court did not instruct the jury on aggravated assault with an intent to commit a felony, pursuant to section 784.021(l)(b), nor could the evidence here have supported such an instruction....

...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....

...akes undeniably clear” that this crime meets ACCA’s “elements clause” definition. We recognize that Turner v. Warden Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013), held that a conviction for aggravated assault under Florida Statute § 784.021 met ACCA’s “elements clause” definition. See id. at 1338. Florida Statute § 784.021 defines “aggravated assault” as “an assault” with either “a deadly weapon” or “intent to commit a felony.” “Assault” is defined separately in Florida Statute § 784.011 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.” Turner concluded that “a conviction under section 784.021 will always include ‘as an element the ....

...sentencing transcript would reveal about his ACCA enhancement, we know from his first § 2255 motion that the enhancement was based on: (1) a conviction for aggravated battery, pursuant to Fla. Stat. § 784.045; (2) a conviction for aggravated assault, pursuant to Fla. Stat. § 784.021; and (3) a conviction for conspiracy to 8  Case: 16-12626 Date Filed: 06/17/2016 Page: 9 of 9 distribute methamphetamine, pursuant to Fla....

...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....

...Stat., effective July 1, 2011, for cases involving sexual offenses. This instruction was adopted in 1981 and was amended in 2000 [ 765 So.2d 692 ], and 2007 [ 965 So.2d 811 ], [SC07-325, Corrected Opinion, August-3^ 2007]-and-2Q-14 2012 T87 So.3d 679], and 2013. 8.2 AGGRAVATED ASSAULT § 784.021, Fla....

...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. Give if ka alleged. It is not necessary for the State to prove that the defendant had an intent to kill. Lesser Included Offenses *759 AGGRAVATED ASSAULT —784.021 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Assault 784-.Q1-1" Improper exhibition of a dangerous weapon or firearm, if Fla. Stat. 784.021 (lYa) is charged 790.10 10.5 Assault 784.011 8.1 Attempt 777.04(1) 5.1 Improper Exhibition of dangerous weapons or ■firearms 796A0 m-5 Discharging firearms in public 790.15 10.6 Comment This instruction was approved in 1981 and amended in 2013....

...o produce death or great bodily harm. Give if fa alleged. It is not necessary for the State to prove that the defendant had an intent to kill. Lesser Included Offenses *766 784.07(2X*:) CATEGORY ONE CATEGORY TWO FLA. STAT INS. NO. Aggravated assault 784.021 8.2 Assault on law ©a enforcement officer 784.07(2)(a) 8.10 Improper exhibition of a dangerous weapon or firearm, if 790,10 Fla. Stat. 784.021 flYa) is charged 10.5 Assault 784.011 8.1 Attempt 777.04(1) 5.1 Improper-exhibition-of dangerous weapons--©f 790-.-10 firearms 40r§ Discharging firearms in public_ 79045 10.6 Comment This instruction was approved in 1992 [ 603 So.2d 1175 ],...

...It is not necessary for the State to prove that the defendant had an intent to kill. Lesser Included Offenses [AGGRAVATED ASSAULT ontersonííís years-of age or =OLDER' — 784.08(2)(b) ?£ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Aggravated assault 784.021 8.2 Assault on person 65 years of age or older 784.08(2Xd) 8.17 Improper exhibition of a dangerous weapon or firearm, if Fla....

...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....

...See also Starling v. State, 152 So.3d 868 (Fla. 1st DCA 2014). Similar to Gerald , the issue in this case is whether the jury’s special finding regarding the presence of a firearm negated the element of aggravated assault requiring a deadly weapon. See § 784.021(l)(a), Fla....

...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....

...nt ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” § 784.011(1), Fla. Stat. (2014). Aggravated assault is “an assault [w]ith a deadly weapon without intent to kill.” § 784.021(1)(a), Fla. Stat....

...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....

...as a third-degree felony or, if the defendant misrepresents his or her age in the process, a second-degree felony. § 847.0135(3), Fla. Stat. (2016). Similarly, the same statute that defines the offense of aggravated assault also classifies that offense as a third- degree felony. § 784.021, Fla....

...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....

...rt a conviction for kidnapping with the intent to terrorize or to inflict great bodily harm pursuant to section 787.01(l)(a)(3), Florida Statutes (2009). There was also sufficient evidence to support the conviction for aggravated assault pursuant to section 784.021(l)(a), Florida Statutes (2009), which related to the threat to kill her with a knife....

...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....

...We affirm the judgment, but we reverse two of the sentences and remand for resentencing. I. BACKGROUND Mr. Butner was charged in a three-count information. A jury convicted Mr. Butner on count one, attempted second-degree murder, section 782.04, Florida Statutes (2012); on count two, aggravated assault with a firearm, section 784.021, Florida Statutes (2012); and on count three, shooting within a building, section 790.19, Florida Statutes (2012)....

...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....

...cause of the minimum-mandatory sentence provision of section 775,087(2)(a)2., Florida Statutes (2010). The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an essential element of aggravated assault. See § 784.021(1)(a)....

SCHWARTZ, Senior Judge. As a result of an incident in which the appellant threatened another person with a handgun, he was found guilty, insofar as relevant here, of aggravated assault with a firearm, (count I), § 784.021(l)(a), Fla....

...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....

...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(l)(a), Florida Statutes....

...ning 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(l)(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....

...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

...Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000. § 810.02(2), Fla. Stat. (2009). (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....

...son, 988 So.2d at 568, or a petition alleging ineffectiveness of appellate counsel. See Evans v. State, 904 So.2d 638 (Fla. 1st DCA 2005). AFFIRMED. 6 ROBERTS, WETHERELL, and SWANSON, JJ., concur. . Counts 3, 4, and 5 were third-degree felonies. See § 784.021(2), Fla....

...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....

...He never said, for example, “I’m going to kill you.” Cf. Schepman v. State, 146 So. 3d 1278, 1285 (Fla. 5th DCA 2014). But an aggravated assault conviction requires neither a pointed gun nor an explicit threat. Instead, it requires an “assault,” see section 784.021(1)(a), Florida Statutes (2014), 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, and doing some act which creates a well- founded fear in such other person that such violence is imminent.” § 784.011(1), Fla....

...1st DCA 2013). 1One detective referred to the rifle as an AK-47, but a Florida Department of Law Enforcement firearms analyst testified it was a MAK-90. 2 It also requires “a deadly weapon without intent to kill” or “an intent to commit a felony.” § 784.021(1)....

...dwelling with an assault or battery and a firearm when the correct statutory citation is section 810.02(2)(a), Florida Statutes (2015), and erroneously cites to section 810.02(2)(a) for the crime of aggravated assault with a firearm when the correct citation is section 784.021(2), Florida Statutes (2015)....

...[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....

...aggravated assault with a deadly weapon, which is a qualifying felony for HVFO purposes. * § 775.084(1)(b)1.g., Fla. Stat. (2007). * Aggravated assault may be committed in two ways in Florida, (1) with a deadly weapon, or (2) with the intent to commit a felony. See § 784.021, Fla....

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....

...SHARP, Judge. Aranjo challenges on appeal a special condition of his probation that he submit to blood testing by the Department of Law Enforcement, as required by section 943.325. He was sentenced on February 28, 1997, for aggravated assault, a violation of section 784.021(l)(b), Florida Statutes, based on a plea agreement....

...offense defined in chapter 794, chapter 800, sections 782.04, 784.045, 812.133 or 812.135, shall be required to submit two specimens of blood to the Department for purposes of DNA analysis, the results of which are entered into a database. However, section 784.021(l)(b) was never one of the crimes listed in any version of section 943.325....

...3.850 2  Jackson was convicted of home-invasion robbery while carrying a firearm under section 812.135, Florida Statutes (2007). In addition, he was convicted of aggravated assault with a firearm under section 784.021.3 Jackson appealed his conviction and this Court affirmed....

...6 that a robber is armed, so long as the perpetrator has the weapon in his possession during the offense.”) (emphasis in original). On the other hand, the statutory elements for aggravated assault with a deadly weapon under section 784.021(1)(a), require more than simply carrying the weapon....

...2020) (“Somers I”), issued on January 14, 2020, we affirmed the district court’s denial of appellant Fred Somers’s 28 U.S.C. § 2255 motion to vacate his sentence. We held that Somers’s Florida aggravated assault conviction, see Fla. Stat. § 784.021, qualified as a violent felony under the Armed Career Criminal Act’s (“ACCA”) elements clause, 18 U.S.C....

...inalized by the statute would fall within the ACCA definition. Id. In Florida, an 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....

...In the instant case, the offense charged in the information (i.e., attempted first degree murder of a law enforcement officer) is a first degree felony. § 782.04(l)(a), Fla. Stat. (2003). The offense for which Kerr was convicted and sentenced (i.e., aggravated assault) is a third degree felony, § 784.021(2), Fla....

...moderate 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. . See § 784.021(l)(a), Fla....

...Pursuant to section 784.011(1), Florida Statutes (2021), 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.” Section 784.021(1), Florida Statutes (2021), then defines “aggravated assault” as including assault “[w]ith a deadly weapon without intent to kill.” At issue in this appeal, as framed by the State, is whether the State’s evidence...

...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....

...We grant D.L.’s petition as to the double-scoring and remand to the trial court for further proceedings to determine whether the unrelated felony charge is currently pending. D.L. was charged with aggravated assault with a deadly weapon in violation of section 784.021(l)(a), Florida Statutes (2014)....

...earm,” a distinction that we find unpersuasive. D.L. received ten points for the charge of a third-degree felony involving the use or possession of a firearm. Aggravated assault with a deadly weapon without intent to kill is a third-degree felony. § 784.021, Fla....

...In the Matter of the Use of the Trial Courts of the Standard Jury Instructions in Criminal Cases and the Standard Jury Instructions in Misdemeanor Cases, Nos. 56,734 and 58,799 (Fla. April 16, 1981). An aggravated assault is an assault with a deadly weapon without intent to kill or an assault with intent to commit a felony. § 784.021, Fla.Stat....

...res all of the evidence and argument at Downs' first postconviction proceedings and cherry-picks one incompatible assertion in a previously filed affidavit which the court misread to indicate a felony when it only indicated a simple assault. Compare § 784.021(2), Fla....

...seemingly ignores all of the evidence and argument at Downs' first postconviction proceedings and cherry-picks one incompatible assertion in a previously filed affidavit which the court misread to indicate a felony when it only indicated a simple assault. Compare § 784.021(2), Fla....

...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....

...Lenoris Drumwright appeals the denial of his Rule 3.800(a), Florida Rules of Criminal Procedure, motion to correct his sentence imposed in 1993. His convictions and sentences were: Conviction Sentence 1. Aggravated assault with a firearm while wearing a mask; a third degree felony. § 784.021(2), Fla.Stat....

...We vacate the sentences in part and remand for resentencing for the following reasons: 1. Aggravated assault with a firearm while wearing a mask. It was improper for the trial court to reclassify the offense as a second degree felony because the use of a firearm was an essential element of the aggravated assault. See § 784.021(1)(a), Fla.Stat....

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

...mandatory minimum imposed by the Armed Career Criminal Act for defendants who have previously committed at least three violent felonies or serious drug crimes. 18 U.S.C. § 924(e). Jones had three such convictions: one for aggravated assault with a firearm, Fla. Stat. § 784.021; one for resisting an officer with violence, id....

...mandatory minimum imposed by the Armed Career Criminal Act for defendants who have previously committed at least three violent felonies or serious drug crimes. 18 U.S.C. § 924(e). Jones had three such convictions: one for aggravated assault with a firearm, Fla. Stat. § 784.021; one for resisting an officer with violence, id....

...e of the minimum- mandatory sentence provision of section 775.087(2)(a)2., Florida Statutes (2010). The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an essential element of aggravated assault. See § 784.021(1)(a)....

DAUKSCH, Judge. This is an appeal from a sentence in an aggravated assault case. Because aggravated assault is a third degree felony the maximum imprisonment to which appellant could be sentenced is five years. Section 784.021, Florida Statutes (1977); Section 775.082(3)(d), Florida Statutes (1977)....

...Therefore, we reverse the defendant’s conviction for carjacking with a firearm and direct the trial court to vacate that conviction and sentence. We affirm the defendant’s other convictions and sentences. AFFIRMED in part; REVERSED in part; REMANDED. ORFINGER and BERGER, JJ., concur. . § 812.133, Fla. Stat. (2013). . § 784.021, Fla....

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

...nt that he serve three years before being considered eligible for parole. Cherry appeals to this Court and assigns six points for reversal and discharge. First, we note that the sentence of seven years is beyond the allowable penalty as set forth in Section 784.021, Florida Statutes....

...Therefore, Kimbrough is not controlling since there was no proof of the element of fear. We have reviewed the other points raised by Appellant and find them to be without merit. For the above-mentioned reasons, the case is affirmed in part and remanded in part with directions to impose sentence pursuant to Section 784.021, Florida Statutes....

...Accordingly Jones’ judgment and sentences for the lewd and lascivious assault are affirmed, his sentences for the 1990-91 offenses are vacated, and this cause is remanded for resentencing. AFFIRMED, in part; Sentence VACATED; REMANDED for Resentencing. GRIFFIN, C.J., and DAUKSCH, J., concur. . § 800.04(1), Fla. Stat. . § 784.021(l)(a), Fla....

...We need not reach the first issue because we agree with appellant as to the second; accordingly, we reverse appellant’s adjudication of delinquency. BACKGROUND The State originally charged J.R., then fifteen, with aggravated assault with a deadly weapon pursuant to section 784.021(l)(a), Florida Statutes (2006), alleging he held a knife to his then-seventeen-year-old girlfriend’s throat during a late-night quarrel in April 2007....

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(l)(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(l)(a), Fla....

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

PER CURIAM. The judgment in this cause is in error because it designates aggravated assault with a firearm as a second degree felony. The state agrees that it is a third degree felony, § 784.021, .775.082, Florida Statutes (1987), Blanton v....

...(2021) (“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.”); § 784.021(1)(a), Fla....

...under section 775.082(1)(b)1., Florida Statutes. In fact, the specific characteristics of Manago’s case heighten these double jeopardy concerns. With many aggravated crimes, the aggravating factor is distinct from the facts necessary to form the underlying crime. See, e.g., § 784.021, Fla....

...rior convictions for a ‘violent felony.’” Mathis v. United States, 136 S. Ct. 2243, 2248 (2016). Defendant’s PSR identified four ACCA-qualifying convictions: (1) aggravated assault with intent to commit a felony in violation of Fla. Stat. § 784.021; (2) resisting an officer with violence in violation of Fla....

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

...By this consolidated appeal defendant seeks review of the trial court’s summary denial of a Rule 3.800 motion to correct an illegal sentence, and seeks to correct his judgment and sentence to reflect that he plead nolo contendere to a violation of section 784.021, Florida Statutes, rather than a violation of section 784.07, Florida Statutes, as reflected in the final judgment. Upon confession of error by the state we return this case to the trial court with directions to correct defendant’s judgment to reflect that defendant plead nolo contendere to a violation of section 784.021, Florida Statutes, rather than a violation of section 784.07, Florida Statutes....

...Here, as in Fotopoulos , “one crime induced the other crime,” see Smithers v. State, 826 So.2d 916, 923 (Fla.2002), and therefore “a sufficient causal link existed to permit joinder,” id. AFFIRMED. PLEUS and TORPY, JJ., concur. . § 812.133(2)(a), Fla. Stat. . § 784.021(l)(a), Fla....

...Raymond was convicted under sections 784.04(2), 777.04(1), 775.087(1), 775.087(2)(a)1., and 775.087(2)(a)2., Florida Statutes (2017). However, the correct statute regarding second-degree murder is section 782.04(2), not section 784.04(2), which has been renumbered to section 784.021 and pertains to aggravated assault....

...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....

...ravated assault with intent to commit the felony of aggravated battery was committed and that the Appellant and White were principals in the aggravated assault. Aggravated assault can be committed if the perpetrators intended to commit a felony. See § 784.021(1), Fla....

...§ 924(e), and imposed a sentence of 211 months’ imprisonment. 1 Critical to the district court’s imposition of the ACCA-enhanced sentence was its conclusion that Somers’s 1998 Florida conviction for aggravated assault with a deadly weapon under section 784.021(1)(a), Florida Statutes (1997), qualifies as a “violent felony” under the ACCA. Somers appealed his federal conviction and sentence for possession of a firearm by a convicted felon, and the Eleventh Circuit affirmed....

...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

...at the time of his sentencing did not authorize the imposition of a sentence ‘at hard labor.’”) (citations omitted); Corsey 1 Edgecomb has already completed his concurrent sentences on three counts of aggravated assault, in violation of section 784.021, Florida Statutes. 2 v....

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

...Having considered these additional documents, the court would decide whether the defendant’s conduct constituted a .violent felony. In' this case the categorical approach begins with an examination of Florida’s statutes defining Aggravated Assault. Section 784.021, Florida Statutes, 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....

...se does not vary or relax the statutory definition of the offense. Florida’s definition of Aggravated Battery on a Law Enforcement Officer is consistent with the § 924(e)(2)(B) definition of a “violent felony.” By its elements, sec *1277 tion 784.021 satisfies the requirement of a “threatened use of physical force against the person of another.” 18 U.S.C....

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

...tences for criminal offenses arising *613 out of one act, episode or transaction where each offense has at least one statutory element that the other does not. State v. McCloud, 577 So.2d 939 (Fla.1991); and State v. Smith, 547 So.2d 613 (Fla.1989). Section 784.021, governing aggravated assaults, requires, among other things, that the defendant create in the mind of the victim a well-founded fear that violence is about to take place. By contrast, section 790.10, governing improper exhibition of a weapon, does not require that the victim be placed in fear. Further, unlike section 784.021, a defendant may be convicted of improper exhibition for merely carelessly, angrily or rudely displaying a weapon....

...The trial court classified the crime of shooting into an occupied vehicle as a first degree felony, when in fact it is a second degree felony. Section 790.19, Fla.Stat. (1991). It also misclassified the crime of aggravated assault as a second degree felony instead of a third degree felony. Section 784.021(2), Fla.Stat....

...cer with a deadly weapon, to wit: a handgun, while Michael Antinick was in the lawful performance of his duties, without intent to kill, by brandishing a handgun in a threatening manner thereby placing him in fear of imminent violence, contrary to F.S. 784.021, F.S. 784.07(2)(c) and F.S. 775.057(L6).... Section 784.021 is aggravated assault....

...Because Villery has retroactive application appellant may seek relief from his illegal sentence by means of a motion for post-conviction relief before the trial court. Fla.R.Crim.P. 3.850. JUDGMENT AFFIRMED. DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur. . § 784.021, Fla.Stat....

...In this case, the information charging Anderson with aggravated assault with a deadly weapon alleged that he “did unlawfully and intentionally make an assault upon [his girlfriend] with a motor vehicle, a deadly weapon without intent to kill, contrary to Section 784.021(1)(a), Florida Statutes.” Noticeably absent from the information is an allegation that Anderson was driving the vehicle, an essential element of reckless driving....

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

...custody, and charging or prosecuting the defendant. § 776.032(1), Fla. Stat. (2024). 2  I. Relevant Background The State charged Maslo with aggravated assault on a law enforcement officer with a firearm. See § 784.021(1), Fla....

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

...We cannot say he breached his discretion in giving this curative instruction. See Williams v. State, 674 So.2d 155 (Fla. 4th DCA 1996); Cedno v. State, 545 So.2d 495 (Fla. 3d DCA 1989). AFFIRMED. DAUKSCH, J., and SCHEB, J. M„ Senior Judge, concur. . § 784.021, 784.07(2)(c), Fla....

...Accordingly, we vacate Daniels’ sentence for third degree murder and remand the cause for resentencing as a second degree felony. AFFIRMED in part; VACATED in part and REMANDED. HARRIS, C.J., and THOMPSON, JJ., concur. . § 782.04(4), Fla.Stat. (1989). . § 784.021, Fla.Stat....

...d the other occupants to lie on the floor. The victims followed the order because they were afraid. Defendant at some point handed the gun to a codefendant and began searching for marijuana. These facts supported a finding of aggravated assault. See § 784.021, Fla.Stat....

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

...Anderson, 247 So. 3d at 681. The criminal information alleged that Anderson “did unlawfully and intentionally make an assault upon [Anderson’s girlfriend] with a motor vehicle, a deadly weapon[,] without intent to kill, contrary to [s]ection 784.021(1)(a), Florida Statutes [(2014)2].” Id....

...her the offense is an assault or battery, that is relevant to the conflict issue. 2. Although Anderson was charged under the 2014 version of this statute, there is no substantive difference between the 2014 version and the current version of section 784.021(1)(a). -2- jury on reckless driving as a lesser-included offense of aggravated assault with a deadly weapon....

...Obviously, driving is an essential element of the crime of reckless driving. The information in this case alleged that Anderson “did unlawfully and intentionally make an assault upon [Anderson’s girlfriend] with a motor vehicle, a deadly weapon[,] without intent to kill, contrary to [s]ection 784.021(1)(a), Florida Statutes.” Anderson, 247 So....

...case, the Fourth District seems to have concluded that alleging an automobile as a deadly weapon constitutes an allegation of driving as a matter of law. See id. 3. “Aggravated assault” is an “assault . . . [w]ith a deadly weapon without intent to kill.” § 784.021(1)(a)....

...and who had in his possession a “firearm,” as defined in s. 790.001(6), or “destructive device,” as defined in s. 790.-001(4), shall be sentenced to a minimum term of imprisonment of 3 calendar years. Appellant argues that it is unclear whether his aggravated assault conviction arose under section 784.021(l)(a) (1989), assault with a deadly weapon without intent to kill, or section 784.021(l)(b), assault with an intent to commit a felony. Appellant argues that the three year minimum mandatory applies only to section 784.021(l)(a), and because the jury failed to make any specific findings regarding whether appellant had a firearm in his possession, it was error to order the three years minimum mandatory sentence....

...We find that the appellant was prejudiced by the state’s presentation of inadmissible evidence at trial and, accordingly, reverse and remand for a new trial. The appellant was charged by a one count information with aggravated assault in violation of section 784.021, Florida Statutes (1985)....

...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(l)(a) Florida Statutes (1979), regardless of whether it is loaded or capable of being fired....

...The appellant need not be present for the correction of the sentencing order. Affirmed in part, reversed in part, and remanded for new sentencing order. CAMPBELL, A.C.J., and PARKER and LAZZARA, JJ., concur. . § 794.011(3), Fla.Stat. (1991). . § 810.02(2)(a), Fla.Stat. (1991). . § 784.021(l)(a), Fla.Stat....

...tes (1989) — sentenced to 25 years; Count II: Unlawful possession of a firearm while engaged in a criminal offense, in violation of Section 790.07, Florida Statutes (1989)— sentenced to 5 years; and Count III: Aggravated assault, in violation of Section 784.021(l)(a), Florida Statutes (1989) — sentenced to 15 years....

PER CURIAM. We affirm the judgment and sentence rendered against Donald James Kelly after he pled guilty to aggravated assault with intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes (2017). However, we remand for correction of a scrivener's error in the judgment, which erroneously cites to section 784.021(1)(a), corresponding to aggravated assault with a deadly weapon without intent to kill....

PER CURIAM. We affirm the judgment and sentence rendered against Donald James Kelly after he pled guilty to aggravated assault with intent to commit a felony in violation of section 784.021(1)(b), Florida Statutes (2017). However, we remand for correction of a scrivener's error in the judgment, which erroneously cites to section 784.021(1)(a), corresponding to aggravated assault with a deadly weapon without intent to kill....

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

...We first hold that appellant’s sentence must be reversed because it is a departure from the sentencing guidelines for which the trial court failed to provide written reasons. Appellant was convicted of committing an aggravated assault in violation of section 784.021 of the Florida *291 Statutes (1987)....

...Appellant’s sentence is vacated and this cause is remanded for resentencing within the guidelines and in accordance with the limitation set forth in Franklin v. State, 545 So.2d 851 (Fla.1989). Sentence VACATED; cause REMANDED. GOSHORN, C.J., and COWART, J., concur. . § 784.021, Fla.Stat....

...This decision, however, will not prevent the State from prosecuting Moody for aggravated assault based on a properly drafted information. See Salas v. State, 591 So.2d 257 (Fla. 4th DCA 1991). REVERSED and REMANDED. PETERSON, J., concurs. DAUKSCH, J., concurs in conclusion only. . § 784.021, Fla.Stat....

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)....

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

...§ 893.13(6)(a), Fla. Stat. (1997). . § 784.07(2)(b), 784.07(3), Fla. Stat. (1997). . § 843.01, Fla. Stat. (1997). . § 843.02, Fla. Stat. (1997). . § 893.13(l)(a)l, Fla. Stat. (1997). . § 893.13(6)(a), Fla. Stat. (1997). . § 843.01, Fla. Stat. (1997). . § 784.021(l)(a), Fla....

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

...specifically stating that Christopher had committed an aggravated assault with a knife and domestic violence when Christopher choked his brother’s wife. Aggravated assault is not only a violent crime, but a felony under Florida law, see Fla. Stat. § 784.021 , and Florida’s domestic violence statutes authorize the arrest of any individual who has committed domestic violence so long as there is probable cause, see Fla....

...His wife testified that he came at her with the chair and that the chair hit only the table because she moved. Mr. Collier maintained that his wife was not close to the table when he did this and that he was not threatening her. The State charged Mr. Collier with aggravated assault with a deadly weapon pursuant to section 784.021(l)(a), Florida Statutes (2012)....

...allege all of the elements of aggravated assault. Gay v. State, 432 So.2d 602 (Fla. 2d DCA 1983). The information in this case did not allege an act by Salters which created a well-founded fear that violence to the victim was imminent as required by section 784.021, Florida Statutes (1991)....

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

...1st DCA 2014), supports his conviction that the jury here returned a true inconsistent verdict, but we find Gerald to be distinguishable. In Gerald, the defendant was charged with aggravated assault. Id. at 892. Although aggravated assault, as defined by section 784.021(1), Florida Statutes, can be committed either (a) “[w]ith a deadly weapon without intent to kill; or (b) “[w]ith intent to commit a felony,” in Gerald the jury had evidence of and was only instructed of (a)....

...Therefore, when the jury returned a guilty verdict as to aggravated assault by Gerald but also found that he did not possess a firearm when he committed the aggravated assault, the jury there returned a true inconsistent verdict. Id. at 894. In Gerald, a necessary element of aggravated assault under section 784.021(1)(a) was negated by the jury finding that he did not possess a firearm; whereas in every murder or attempted murder charge in Florida, a firearm is never a necessary element of the offense. We find State v....

...communication or research as technology develops. This instruction was adopted in 1981 and amended in 2010 [52 So. 3d 595], and 2014 [152 So. 3d 529], and 2016. 8.2 AGGRAVATED ASSAULT § 784.021, Fla....

...way likely to produce death or great bodily harm. Give if 4a alleged. It is not necessary for the State to prove that the defendant had an intent to kill. Lesser Included Offenses AGGRAVATED ASSAULT — 784.021 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Improper exhibition of 790.10* 10.5* a dangerous weapon or firearm, if Fla. Stat. § 784.021(1)(a), Fla. Stat., is charged* Assault 784.011 8.1 Attempt 777.04(1) 5.1 Discharging firearms 790.15 10....

...Lesser Included Offenses AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER, ETC. - —784.07(2)(c) CATEGORY ONE CATEGORY TWO FLA. STAT INS. NO. Aggravated assault 784.021 8.2 Assault on law 784.07(2)(a) 8.10 enforcement officer Improper exhibition 790.10* 10.5* of a dangerous weapon or firearm, if Fla. Stat. § 784.021(1)(a), Fla. Stat., is charged* Assault 784.011 8.1 Attempt 777.04(1) 5.1 Discharging firearms in 790.15 10.6...

...Lesser Included Offenses AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER — 784.08(2)(b) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Aggravated assault 784.021 8.2 Assault on person 65 784.08(2)(d) 8.17 years of age or older Improper exhibition of 790.10* 10.5* a dangerous weapon or firearm, if Fla. Stat. § 784.021(1)(a), Fla. Stat., is charged* Assault 784.011 8.1 Attempt 777.04(1) 5.1 Discharging firearms 790.15 10.6...

...If each offense has at least one element that the other lacks, the offenses constitute separate crimes even though they may arise from the same act or factual event. Baker, 456 So.2d 419 ; Gibson ; § 775.021(4), Fla.Stat. (1983). Because reckless driving, § 316.192, Fla.Stat. (1983), 1 and aggravated assault, § 784.021, Fla.Stat....

...her proceedings in accordance with this opinion. . Section 316.192(1), Fla.Stat. (1983), defines the prohibited elements of reckless driving as including: 1. driving a vehicle 2. in willful or wanton disregard for the safety of persons or property . Section 784.021(1), Fla.Stat....

CASANUEVA, Judge. Antonio Broome appeals his convictions for aggravated assault, a third degree felony violation of section 784.021, Florida Statutes (1995); shooting at a dwelling, a second degree felony violation of section 790.19; and possession of a firearm by a convicted felon, a second degree felony violation of section 790.23....

...He raises one issue concerning his convictions and four issues concerning various aspects of sentencing. We find merit only in two of the sentencing issues. The jury found Mr. Broome guilty of aggravated assault with a firearm, a third degree felony. See § 784.021....

...threatened use of physical force against the person of another.” 18 U.S.C. § 924(e)(2)(B)(i). Hires’s conviction for aggravated assault counts as a violent felony. This Court has held that a Florida conviction for aggravated assault under § 784.021 is categorically a violent felony under the ACCA’s elements clause....

...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

...causing its front end to spin around, and three or four pedestrians had to jump out of the way to avoid serious injury. We hold therefore that the officer witnessed an aggravated assault, a forcible felony under section 776.08, Florida Statutes. See § 784.021(1)(a), Fla....

...aggravated assault, a forcible felony under section 776.08, Florida Statutes.” Majority op. at 7. I do not necessarily agree, but still believe we are correct to affirm. An aggravated assault can be proven with evidence of an assault with a deadly weapon. § 784.021(1)(a), Fla....

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

...The appellee argues that this case is controlled by Gonzalez v. State, 585 So.2d 932 (Fla.1991). Gonzalez and other cases which have refused to apply the enhancement provision of section 775.087(1), have involved convictions for aggravated assault charged under the provision for use of a deadly weapon, section 784.021(l)(a), Florida Statutes, aggravated battery charged under the provi *682 sion for use of a deadly weapon, section 784.045(l)(a)2, Florida Statutes, or felony murder in which the underlying offense had the use of a weapon or firearm as an essential element....

...The written jury instructions reflected the trial court’s oral pronouncement as well. The jury found the appellant guilty of aggravated assault with a firearm. The trial court adjudicated the appellant guilty of the charge and sentenced him to three years’ imprisonment. The appellant filed a timely notice of appeal. Section 784.021(l)(a), Florida Statutes (1995), states that an aggravated assault is an assault committed with a deadly weapon without an intent to kill....

...ntention to kill her, constitute sufficient evidence to sustain a conviction for simple assault. Reversed and remanded for entry of a judgment of conviction for assault and for resentencing. ALTENBERND, A.C.J., and BLUE and GREEN, JJ., concur. . See § 784.021, Fla....

...Merit is found only in appellant’s allegation that the trial court exceeded the statutory maximum as to the sentence he received for aggravated assault. At sentencing, the trial court imposed concurrent state prison terms of seven years for both the aggravated battery and the aggravated assault. Under section 784.021(2), Florida Statutes (1985), aggravated assault is defined as a third-degree felony, punishable by a term of incarceration not to exceed five years....

DANIEL S. PEARSON, Judge. Reynolds was convicted of aggravated assault with a firearm in violation of Section 784.021, Florida Statutes (1981), and display and use of a firearm in the commission of a felony (the aggravated assault) in violation of Section 790.07, Florida Statutes (1981)....

...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....

...��s probation. However, the statutory language does not authorize an across-the-board $60 charge in all cases. In this case, McRae was sentenced to five years probation, and the $60.00 charge is proper. AFFIRMED. GRIFFIN and THOMPSON, JJ., concur. . Section 784.021(1), Fla.Stat....

...In turn, Florida defines an “aggravated assault” as “an assault” that is committed either: (a) [w]ith a deadly weapon without intent to kill; or (b) [w]ith the intent to commit a felony. Id. § 784.021(1). So the first element of an aggravated assault under § 784.021(1) is an “assault,” which is defined in § 784.011(1). In Borden v....

...at 1835 (Thomas, J., concurring). In light of Borden, this Court certified questions to the Florida Supreme Court in defendant Somers’s pending appeal to this Court where Somers was previously convicted of aggravated assault under § 784.021(1)....

...demands the intent to direct a threat at another person and therefore cannot be violated by a reckless act. Id. Thereafter, this Court addressed whether defendant Somers’s Florida conviction for aggravated assault with a deadly weapon under § 784.021(1)(a) qualifies as a violent felony under the elements clause of the ACCA....

...United States, 66 F.4th 890, 892 (11th Cir. 2023) (“Somers III”). With the benefit of the Florida Supreme Court’s answer to the mens rea required for a simple assault offense, this Court held that an aggravated assault conviction under § 784.021(1) “cannot be committed with a mens rea of recklessness,” “requires knowing conduct,” and “therefore qualifies as a ‘violent felony’ under the ACCA.” See id....

...addressed only simple assault under § 784.011(1), not aggravated USCA11 Case: 21-13249 Document: 58-1 Date Filed: 07/21/2023 Page: 8 of 9 8 Opinion of the Court 21-13249 assault under § 784.021(1)—which is the crime that enhanced his sentence. Gary ignores that the first element of an aggravated assault crime under § 784.021(1) is an “assault,” as defined by § 784.011(1). Indeed, in Somers II, the Florida Supreme Court reasoned that simple assault always requires the intentional threat to do violence and therefore cannot be accomplished via a reckless act....

...requires a mens rea of at least knowing conduct; it cannot be committed recklessly.”). Under Florida law, as shown above, the definition of an aggravated assault crime incorporates the definition of simple assault. See Fla. Stat. § 784.021(1) (defining aggravated assault as “an assault” either “(a) [w]ith a deadly weapon without intent to kill; or (b) [w]ith an intent to commit a felony” (emphasis added)). So it does not matter which condition—either with a deadly weapon under § 784.021(1)(a) or intent to commit a felony under § 784.021(1)(b)—transforms a simple assault into an aggravated assault because the mens rea for the underlying simple assault is sufficient to meet Borden’s requirement that the crime be committed with intent. See Somers III, 66 F.4th at 894–96. In sum, Gary’s aggravated assault conviction under Fla. Stat. § 784.021(1)(b) categorically qualifies as a violent felony under the ACCA because, as our precedent in Somers III confirmed, Florida’s aggravated assault statute requires an intentional threat to use USCA11 Case: 21-13249 Document: 58-1 Date Filed: 07/21/2023 Page: 9 of 9 21-13249 Opinion of the Court 9 violence against another person, regardless of whether it is committed under § 784.021(1)(a) or (b)....

...on or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.”). Aggravated assault is defined as an assault: (a) with a deadly weapon without intent to kill or (b) with an intent to commit a felony. § 784.021(1), Fla....

...In all other respects, the judgment and sentences are affirmed. BOOTH and BARFIELD, JJ., concur. . In Case No. 86-5011, appellant pled nolo con-tendere 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(l)(a), Fla.Stat....

...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(l)(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(l)(a): that LRWs actions created a well-founded fear in the victim’s mind that violence was about to take place....

...an 20 grams) in violation of Florida Statute § 893.13(6)(b). . On October 30, 2014, Gordon was convicted in the Twentieth Judicial Circuit Court, Charlotte County, Florida, for Aggravated Assault with a deadly weapon in violation of Florida Statute § 784.021....

...afficking convictions. 3 Gordon now seeks 2 On October 30, 2014, Gordon was convicted in the Twentieth Judicial Circuit Court, Charlotte County, Florida, for Aggravated Assault with a deadly weapon in violation of Florida Statute § 784.021....

...afficking convictions. 3 Gordon now seeks 2 On October 30, 2014, Gordon was convicted in the Twentieth Judicial Circuit Court, Charlotte County, Florida, for Aggravated Assault with a deadly weapon in violation of Florida Statute § 784.021....

...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)....

...Appellant Pabon seeks review of the entry of a sentence of life imprisonment for the crime of attempted armed kidnapping in violation of section 787.01, Florida Statutes (1987), count I, and ten years’ imprisonment for the crime of aggravated assault in violation of section 784.021, Florida Statutes (1987), count II....

...However, the court concluded that the testimony of the victim and a witness supported a finding of aggravated assault, a permissive lesser included offense of armed robbery. Accordingly, the court found J.M. guilty of aggravated assault with a deadly weapon under section 784.021(1)(a), Florida Statutes (2022), withheld adjudication, and placed him on probation. II. J.M....

...so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." § 784.011(1), Fla. Stat. (2022). An aggravated assault requires proof that the defendant committed the assault "[w]ith a deadly weapon without intent to kill," § 784.021(1)(a), or "[w]ith an intent to commit a felony," § 784.021(1)(b). Here, the delinquency court found that the State had not proven the offense of aggravated assault with the intent to commit a felony— here, a robbery—because the unrebutted testimony established that J.M. and D.J....

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

...on relief under Florida Rule of Criminal Procedure 3.850. We reverse. On April 8, 1982, appellant pled guilty to robbery with a firearm in violation of section 812.13, Florida Statutes (1981), and to aggravated assault with a firearm in violation of section 784.021, Florida Statutes (1981)....

PER CURIAM. The appellant, Michael C. Alford, was convicted of aggravated assault with a deadly weapon, a third degree felony. See § 784.021, Fla....

...er, pursuant to section 921.141, Florida Statutes (1985). Brown’s final contention is that the trial court erred in sentencing him to ten years of imprisonment for aggravated assault. Aggravated assault is classified as a third-degree felony under section 784.021, Florida Statutes (1985), punishable by a term of imprisonment not to exceed five years of incarceration....

...any offense prohibited under any of the following provisions of state law or a similar law of another jurisdiction: A felony offense prohibited under any of the following statutes . . . Section 784.021, relating to aggravated assault. § 435.07(4)(c)(1)(d), Fla....

...Stat. The plain and unambiguous language of the statute specifies that disqualification may not be removed and an exemption may not be granted, to any “childcare personnel” who has been convicted of or entered a plea of guilty or nolo contendere to any offense related to aggravated assault under section 784.021....

...3d DCA 2017). As such, regardless of guilt, we find DCF correct in its interpretation of the statute that no exemption may be granted to any “childcare personnel” who entered a nolo contendere plea related to an aggravated assault offense under section 784.021, Florida Statutes. O.M....

...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....

...In addition, appellant was convicted for violation of section 784.06, Florida Statutes, which provided: Whoever commits an assault on another, with intent to commit any capital felony or felony of the first degree shall be guilty of a felony of the second degree [[Image here]] This offense is now delineated at section 784.021, Florida Statutes, which provides: (1) An “aggravated assault” is an assault: (a) With a deadly weapon without intent to kill; or (b) With intent to commit a felony....

...22 (Fla.2000). Petition for Belated Appeal DENIED. SAWAYA, J., and HARRIS, C., Senior Judge, concur. . First degree murder (section 782.04(l)(a), Florida Statutes), armed burglary (section 810.02(1), (2)(b), Florida Statutes) and aggravated assault (section 784.021(l)(a), Florida Statutes)....

...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....

...We find merit only in his contention that he was improperly sentenced for aggravated assault. Appellant was sentenced to twenty years’ imprisonment upon his conviction for aggravated assault. The maximum sentence for aggravated assault, a third degree felony, § 784.021(2), Fla.Stat....

...herefore certify the following question to the supreme court: 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(l)(a) AS AN ASSAULT WITH A DEADLY WEAPON....

...ithout discussion. We agree, however, that Simmons was improperly sentenced and reverse on that issue. The trial court sentenced Mr. Simmons to fifteen years’ imprisonment for aggravated assault with a firearm. This crime is a third degree felony. § 784.021(2), Fla.Stat....

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

...The state appeals an order dismissing a two count information filed against appellee Dennis Jerome Godwin. We reverse. On January 11, 1993, the state filed an information against the appellee charging him with two counts of aggravated assault in violation of section 784.021, Florida Statutes (1991)....

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

...The scoresheet and judgment of conviction incorrectly classify the offense of robbery with a firearm as a life felony instead of first-degree felony punishable by life. See § 812.13(2)(a), Fla. Stat. (1987). The crime of aggravated assault, however, was properly scored as a third-degree felony. See § 784.021, Fla....

...victim Marcus Depre, either by considering the use of a firearm or the jury’s independent finding of “great bodily harm” as to the attempted murder charge of Stanley Jean Baptiste. Aggravated assault is punishable as a third degree felony. See § 784.021, Fla....

...At trial, Smith did not contest the fact that he had sex with E.H., but rather contended that he did not break into the house or threaten E.H. or the • children, that he was not armed, and that E.H. consented to having sex in exchange for Smith providing her with drugs. . Aggravated assault is a third-degree felony. § 784.021(2), Fla....

...006410, were not challenged in Fleming’s motion and will not be affected by the remand. . Aggravated assault with a firearm pursuant to section 784.02l(l)(a), Florida Statutes (1999) is a third-degree felony punishable by five years in prison. See § 784.021, Fla....

...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....

...both the United States and the Florida Constitutions. 6 Accordingly, we vacate the sentences and remand for resentencing. VACATE SENTENCES AND REMAND. ORFINGER and COWART, JJ., concur. . § 784.045, Fla.Stat. (1985). . § 790.07, Fla.Stat. (1985). . § 784.021(1)(a), Fla.Stat....

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

...to inflict bodily harm upon or to terrorize the victim or another person, § 787.01(1)(a)(3), Fla. Stat. (2014); (2) aggravated battery with use of a deadly weapon, § 784.045(1)(a)(2), Fla. Stat. (2014); and (3) aggravated assault with use of a deadly weapon, § 784.021(1)(a)....

...great bodily harm, permanent disability, or permanent disfigurement; or [2] [u]ses a deadly weapon." § 784.045. Aggravated assault is defined as an assault (1) "[w]ith a deadly weapon without intent to kill" or (2) "[w]ith an intent to commit a felony." § 784.021. The State argues that the application of the Blockburger test2 easily demonstrates that Mr....

...tion of separate sentences was contrary to the provisions of § 775.021(4), Fla.Stat. (1979). 1 We cannot agree. Aggravated assault may be an assault with a deadly weapon without intent to kill or it may be an assault with intent to commit a felony. § 784.021(1), Fla.Stat....

...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....

...Therefore, we remand for the following corrections: 1) in case number 85-4297, the judgments entered on February 22, 1988, May 19,1988, September 8, 1988, February 9, 1989, November 20, 1989, and July 17, 1990, should be corrected to show a conviction for aggravated assault, a third-degree felony, in violation of section 784.021, Florida Statutes (1983); and 2) in case number 87-15007, the judgments entered on February 9, 1989, November 20, 1989, July 17, 1990, should be corrected to show a conviction for possession of cocaine, a third-degree felony, in violation of section 893.-13(l)(f), Florida Statutes (1987)....

...ce under the habitual offender statute, section 775.084(3)(d), Florida Statutes (1987). We find merit in one aspect of Barber’s contentions. On August 24, 1988, the state filed an information charging Barber with aggravated assault in violation of section 784.021, Florida Statutes (1987), and petit theft in violation of section 812.014(2)(d), Florida Statutes (1987)....

...on the conviction for possession of a firearm in the commission of a felony. AFFIRMED in part; REVERSED in part; and REMANDED. COBB, J., concurs in result; concurs with certification of question to supreme court. COWART, J., dissents with opinion. . § 784.021(l)(a), Fla.Stat....

...We reversed his convictions, holding that the charging instrument was insufficient to support the convictions for aggravated assault. Velasquez v. State, 654 So.2d 1227 (Fla. 2d DCA 1995). On remand, the state charged him with three counts of aggravated assault in violation of section 784.021, Florida Statutes (1991)....

...Of the three points raised on appeal, only the final point concerning the trial court’s retention of jurisdiction has merit. Appellant was charged by information with robbery with a weapon in violation of section 812.13(2)(b), Florida Statutes (1983), and two counts of aggravated battery in violation of section 784.021(1)(b), Florida Statutes (1983)....

...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

...the maximum penalty is 5 years. Accordingly, we correct that sentence. Convictions AFFIRMED; Sentences AFFIRMED as corrected. GOSHORN, PETERSON and GRIFFIN, JJ., concur. . Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). . § 784.021, Fla.Stat....

...Section 812.-13(2)(a), Fla.Stat. (1989). The charge against Pridgen was so enhanced. Similar *1120 ly, simple assault is a second-degree misdemeanor, which is enhanced to aggravated assault, a third-degree felony, if committed with a deadly weapon without intent to kill. Section 784.021(l)(a), Fla.Stat....

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

...The trial court imposed a 15- year sentence on this count orally and in writing. However, the written sentence omitted the HFO designation for this count and the others in this case. The second sentence in this case was for one count of aggravated assault with a deadly weapon without intent to kill, contrary to section 784.021(1)(a), Florida Statutes (2012)....

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

...nce imposed on Count 15: Count Crime per Information Sentence imposed 15 Aggravated Assault with a Firearm 20 years Wallach was convicted of aggravated assault, a felony of the third degree. § 784.021(2), Fla....

...Hence, the court correctly refused to charge the jury on this crime. AFFIRMED. SCHEB, C. J., and BOARDMAN, J., concur. . Section 784.011, Florida Statutes (1979), defines assault to include the “doing of some act which creates a wellfounded fear in such other persons that ... violence is imminent.” Section 784.021, Florida Statutes (1979), specifies that aggravated assault consists of assault plus the enumerated aggravating circumstances....

...Somers’s sentence are: Florida convictions for (1) aggravated USCA11 Case: 19-11484 Document: 53-1 Date Filed: 04/25/2023 Page: 4 of 12 4 Opinion of the Court 19-11484 assault in violation of Fla. Stat. § 784.021 and (2) resisting arrest with violence and battery on a law enforcement officer in violation of Fla....

...So we begin with the statutory elements of aggravated assault in Florida. Under Florida law, an 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(1)....

...AFFIRMED AND REMANDED FOR CORRECTION OF SENTENCE. GRIFFIN and PLEUS, JJ., concur. . § 812.13(2)(a), Fla. Stat. (2001). . § 784.07(2)(c), Fla. Stat. (2001). The judgment lists count 7 as the crime of aggravated assault with a deadly weapon and refers to section 784.021(1)(A)....

...There, the defendant was charged with committing an aggravated assault arising from an altercation in which he allegedly threatened the victim with an old, black gun. Id. at 471 . Aggravated assault is defined as an assault with a deadly weapon without an intent to kill. See § 784.021(1)(a), Fla....

...2  The issue in this case comes down to what crime McNair pleaded to in 1992, specifically whether McNair pleaded to aggravated assault with a deadly weapon or aggravated assault with the intent to commit a felony. See § 784.021, Fla....

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

PER CURIAM. Appellant appeals from a conviction and sentence for aggravated assault with a firearm, § 784.021, Fla.Stat....

...The verdicts are not in our view impermissibly inconsistent. See Gonzalez v. State, 449 So.2d 882 (Fla. 3d DCA), review denied, 458 So.2d 274 (Fla.1984); see also Streeter v. State, 416 So.2d 1203, 1206 (Fla. 3d DCA 1982), and cases cited. Affirmed. . 784.021 Aggravated assault.— (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.

...significance independent of the aggravated assault, such that it made the aggravated assault substantially easier to commit, the Faison test having been met. AFFIRMED. THOMPSON, C.J., and ORFINGER, J., concur. . § 787.02(l)(a), Fla. Stat. (2000). . § 784.021, Fla....