Criminal Jury Instructions for the District of Columbia
IV. Offenses Scope
A. Crimes Against Persons
1. Assault and Threats

Instruction 4.101 ASSAULT WITH A DANGEROUS WEAPON

D.C. Official Code § 22-402 (2001)

A. ATTEMPTED BATTERY ASSAULT

The elements of assault with a dangerous weapon, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant], with force or violence, injured [or attempted or tried to injure] [name of complainant] [another person];
2. S/he did so voluntarily, on purpose, and not by mistake or accident; [and]
[3. At the time, [name of defendant] had the apparent ability to injure [name of complainant] [a person]; and]
4. [Name of defendant] committed the act with a dangerous weapon.

B. INTENT-TO-FRIGHTEN ASSAULT

[The elements of assault with a dangerous weapon, each of which the government must prove beyond a reasonable doubt, are that:]

[Another way the government may prove an assault with a dangerous weapon 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. [Name of defendant] acted voluntarily, on purpose, and not by mistake or accident;
3. At the time, [name of defendant] had the apparent ability to injure [name of complainant] [a person]; and
4. [Name of defendant] committed the threatening act with a dangerous weapon.

Dangerous Weapon

An object is a dangerous weapon if it designed to be used, actually used, or threatened to be used, in a manner likely to produce death or serious bodily injury. The government need not prove the defendant actually killed, injured or even touched [name of complainant] with the weapon.

[Voluntarily pointing a dangerous weapon at another person in a threatening manner, or voluntarily using it in a way that would reasonably create in the other person a fear of immediate injury, would be an assault with a dangerous weapon.]

Injury

[In the case of either kind of assault,] [I][i]njury means any physical injury, however small[.] [, including a touching offensive to a reasonable person]. [The government must prove a threatening act; mere words are not sufficient. The government need not prove the defendant intended to injure [name of complainant].]

 

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