New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5181. Self defense: nondeadly force by defendant

Evidence has been presented that the defendant acted in self defense.

The defendant acted in self defense if:

1.     There was an appearance of immediate danger of bodily harm to the defendant as a result of __________________(illegal act); and

2.     The defendant was in fact put in fear of immediate bodily harm and __________________(defensive act) because of that fear; and

3.     The defendant used an amount of force that the defendant believed was reasonable and necessary to prevent the bodily harm; and

[4.     The force used by defendant ordinarily would not create a substantial risk of death or great bodily harm; and] (to be used if death or great bodily harm resulted)

5.     The apparent danger would have caused a reasonable person in the same circumstances to act as the defendant did.

The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in self defense.  If you have a reasonable doubt as to whether the defendant acted in self defense, you must find the defendant not guilty.

[See also New Mexico Rules Annotated (N.M.R.A.) 14-5181.]