After arriving at his father's house, Eichman reached behind the seat and picked up the revolver. Eichman claimed that he laid the gun down on his lap, put his hands up, unlocked the door, and exited the truck without assistance. Instruction Eichman argues that an instruction on intent was required because general criminal intent is an element of aggravated assault, and intent was a fundamental issue in the case. Instructions are clearly erroneous only if the reviewing court is firmly convinced that there is a real possibility the jury would have rendered a different verdict if the trial error had not occurred. Aggravated assault of a law enforcement officer is intentionally placing a uniformed or properly identified law enforcement officer who is engaged in the performance of his or her duty in reasonable apprehension of immediate bodily harm, committed with a deadly weapon.
Criminal intent is an essential element of every crime unless specifically excluded by statute.
Intentional conduct is purposeful and willful, not accidental. Rather, the PIK instruction which defines the crime should cover the applicable intent, specific or general. The PIK Crim. 3d 54.01-A, Notes on Use. The Kansas Supreme Court has held that aggravated assault with a deadly weapon of a law enforcement officer does not require any particular intent or other state of mind.