Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
FIRST DEGREE ASSAULT
MPJI-Cr 4:01.1A

The defendant is [also] charged with the crime of first degree assault. In order to convict the defendant of first degree assault, the State must prove all of the elements of second degree assault and also must prove that:

(1) the defendant used a firearm to commit assault; or

(2) the defendant intended to cause serious physical injury in the commission of the assault;

(3) the defendant intentionally strangled ( name).

A firearm is a weapon that propels [a bullet] [shotgun pellets] [a missile] [a projectile] by gunpowder or a similar explosive.

Serious physical injury means injury that

(1) creates a substantial risk of death; or

(2) causes serious and permanent or serious and protracted [disfigurement] [loss or impairment of the function of any bodily member or organ].

To strangle means to impede the normal breathing or blood circulation of a person by applying pressure to the person’s throat or neck.

 

[230612]