8.15 AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER 784.08(2)(b), Fla. Stat. To prove the crime of Aggravated Assault of a Person 65 Years of Age or Older, the State must prove the following five elements beyond a reasonable doubt. The first three elements define assault. 1. [Name of defendant] intentionally and unlawfully threatened, either by word or act, to do violence to [name of victim]. 2. At the time, [name of defendant] appeared to have the ability to carry out the threat. 3. The act of [name of defendant] created in the mind of [name of victim a ] well-founded fear that the violence was about to take place. 4. a. ade with a deadly weapon.] afully-formde with a ed conscious intent to b. [The assault was made with a NOTE TO JUDGE: If 4b is alleged, define the crime charged. 5. [Name of victim] was at the time 65 years of age or older. 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. It is not necessary for the State to prove that [name of defendant] had intent to kill.