DC Instruction 4.111. ASSAULT WITH INTENT TO KILL

DC Instruction 4.111. ASSAULT WITH INTENT TO KILL

State: District of Columbia

Criminal Jury Instructions for the District of Columbia
Fifth Edition (2014)
IV. OFFENSES
Instruction 4.111. ASSAULT WITH INTENT TO KILL

D.C. Official Code § 22-401 (2001)

A. ATTEMPTED BATTERY ASSAULT

The elements of the offense of assault with intent to commit kill, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant], with force or violence, injured or attempted to injure [ name of complainant] [another person];

2. S/he did so voluntarily, on purpose, and not by mistake or accident; [and]

[3. At that time, [name of defendant] had the apparent ability to injure [name of complainant] [a person]; and]

4. At that time, [name of defendant] intended to kill [name of complainant] [a person].

B. INTENT-TO-FRIGHTEN ASSAULT

[The elements of the offense of assault with intent to commit kill, each of which the government must prove beyond a reasonable doubt, are that:]

[Another way the government may prove an assault with intent to commit kill is by proving each of the following elements beyond a reasonable doubt, that:]

1. [Name of defendant] committed a threatening act that reasonably would create in another person a fear of immediate injury;

2. S/he did so voluntarily, on purpose, and not by mistake or accident;

3. At that time, [name of defendant] had the apparent ability to injure [name of complainant] [a person]; and

4. At that time, [name of defendant] intended to kill [name of complainant] [a person].

By | 2015-06-14T20:51:22+00:00 June 14th, 2015|Comments Off on DC Instruction 4.111. ASSAULT WITH INTENT TO KILL