In Miami, a prosecutor charging you with aggravated assault must show: (1) you intentionally and illegally threatened to do violence to a victim, (2) you appeared to have the ability to carry out your threat, (3) your threat created the victim’s well-founded fear violence was going to happen and (4) your assault was committed with a deadly weapon or with a fully formed conscious intent to perpetrate a felony. In a recent appellate case, the defendant appealed convictions and sentences for aggravated assault. The case arose when the defendant got drunk and went to his dad’s house where he accused his dad of stealing a gun. He asked where it was and, holding a knife, threatened to slit his dad’s throat if he didn’t get the gun.
The defendant’s dad fled the house and called 911. Three deputies responded. The defendant went out with a gun and fired a shot into the air. The deputies ordered him to drop the gun but he refused and said they’d need to shoot him. There was a standoff and the defendant went back into the house and out another door. Later he was arrested.
At trial, the defendant asserted an insanity defense. A psychologist testified that his medication hadn’t been working and he’d had a manic episode that caused his behavior. The prosecutor called an expert who testified he wasn’t insane. The defendant objected to the prosecutor’s expert testimony claiming the expert wasn’t qualified to provide an opinion about sanity because he wasn’t a doctor, licensed psychologist or psychiatrist but was a mental health counselor with an education Ph.D. The objection was overruled, and the court found the prosecutor’s expert qualified. The defendant was convicted for five counts of aggravated assault.