MD MPJI-Cr 4:01 Second Degree Assault

MD MPJI-Cr 4:01 Second Degree Assault

State: Maryland

Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)
4:01 Second Degree Assault

The defendant is charged with the crime of assault.

A 
INTENT TO FRIGHTEN

Assault is intentionally frightening another person with the threat of immediate [offensive physical contact] [physical harm]. In order to convict the defendant of assault, the State must prove:

(1) that the defendant committed an act with the intent to place (name) in fear of immediate [offensive physical contact] [physical harm];
(2) that the defendant had the apparent ability, at that time, to bring about [offensive physical contact] [physical harm]; and
(3) that (name) reasonably feared immediate [offensive physical contact] [physical harm]; [and]
[(4) that the defendant’s actions were not legally justified.]

B
 ATTEMPTED BATTERY

Assault is an attempt to cause [offensive physical contact] [physical harm]. In order to convict the defendant of assault, the State must prove:

(1) that the defendant actually tried to cause immediate [offensive physical contact with] [physical harm to] (name);
(2) that the defendant intended to bring about [offensive physical contact] [physical harm]; and
(3) that the defendant’s actions were not consented to by (name) [or not legally justified]. (notes on use)

C
 BATTERY

Assault is causing offensive physical contact to another person. In order to convict the defendant of assault, the State must prove:

(1) that the defendant caused [offensive physical contact with] [physical harm to] (name);
(2) that the contact was the result of an intentional or reckless act of the defendant and was not accidental; and
(3) that the contact was [not consented to by (name)] [not legally justified].

By | 2015-06-12T12:02:14+00:00 June 12th, 2015|Comments Off on MD MPJI-Cr 4:01 Second Degree Assault