Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
FIRST DEGREE ASSAULT (STAND ALONE)
MPJI-Cr 4:01.1B
A
INTENT TO FRIGHTEN
The defendant is charged with the crime of first degree assault. In order to convict the defendant, 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];
(3) that (name) reasonably feared immediate [offensive physical contact] [physical harm]; and
(4) that the defendant used a firearm to commit the assault; [and]
[(5) that the defendant’s actions were not legally justified.]
[A firearm is a weapon that propels [a bullet] [shotgun pellets] [a missile] [a projectile] by gunpowder or a similar explosive.]
B
ATTEMPTED BATTERY
The defendant is charged with the crime of first degree assault. Assault means attempting to cause [offensive physical contact] [physical harm]. In order to prove that the defendant committed an assault, the State must prove:
(1) that the defendant actually tried to cause immediate [offensive physical contact with] [physical harm to] to ( name);
(2) that the defendant intended to bring about [offensive physical contact] [physical harm];
(3) that the defendant’s actions were not [consented to by ( name)] [not legally justified]; and
(4) that the defendant [used a firearm to commit the assault] [intended to cause serious physical injury in the commission of the assault]
[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]].
C
BATTERY
The defendant is charged with the crime of first degree assault. Assault means causing offensive physical contact to another person. In order to prove that the defendant committed an 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;
(3) that the contact was [not consented to by ( name)] [not legally justified]; and
(4) that the defendant [used a firearm to commit the assault] [intended to cause serious physical injury in the commission of the assault]
[“Reckless act” means conduct that, under all circumstances, shows a conscious disregard of the consequences to other people and is a gross departure from the standard of conduct that a law-abiding person would observe.]
[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]