Jury Instructions

Virginia Model Jury Instructions – Criminal CHAPTER 37 MALICIOUS WOUNDING, ASSAULT, BATTERY, AND RELATED OFFENSES Instruction No. 37.352 Assault—Effect of Words Words alone, no matter how grievous or insulting, are never justification for assault [by force or violence].   [230608]

Virginia Model Jury Instructions – Criminal CHAPTER 33 HOMICIDE Instruction No. 33.950 Intent—Intoxication Defense If you find that the defendant was so greatly intoxicated by the voluntary use of [alcohol; drugs] that he was incapable of deliberating or premeditating, then you cannot find him guilty of [aggravated murder; murder in the first degree]. Voluntary intoxication

Virginia Model Jury Instructions – Criminal CHAPTER 18 DANGEROUS WEAPONS Instruction No. 18.850 Deadly Weapon—Definition A deadly weapon is any object or instrument, not part of the human body, that is likely to cause death or great bodily injury because of the manner and under the circumstances in which it is used.   [230608]

Virginia Model Jury Instructions – Criminal CHAPTER 12 BURGLARY AND RELATED OFFENSES Instruction No. 12.620 Dwelling House—Definition A dwelling house is a building used for habitation. Habitation or occupancy includes not only sleeping, but other dwelling-related activities such as preparing and consuming meals, bathing, and other day-to-day activities traditionally associated with habitation. The Commonwealth does

Virginia Model Jury Instructions – Criminal CHAPTER 2 INTRODUCTORY INSTRUCTIONS—GENERAL Instruction No. 2.300 Flight from Scene or Use of False Name to Avoid Prosecution, Detection, Apprehension or Arrest If a person [leaves the place where a crime was committed to avoid prosecution, detection, apprehension or arrest; flees to avoid prosecution, detection, apprehension or arrest; intentionally

Virginia Model Jury Instructions – Criminal CHAPTER 37 MALICIOUS WOUNDING, ASSAULT, BATTERY, AND RELATED OFFENSES Instruction No. 37.351 Assault—Effect of Words Words alone can never amount to an assault of any kind.   [230608]

Virginia Model Jury Instructions – Criminal CHAPTER 52 DEFENSES—GENERAL Instruction No. 52.520 Right to Arm A person who reasonably believes that another intends to attack him for the purpose of killing him or doing him serious bodily harm has a right to arm himself for his own necessary self-protection. In such a case, no inference

Virginia Model Jury Instructions – Criminal CHAPTER 33 HOMICIDE Instruction No. 33.910 Transferred Intent—Self-Defense If you believe that the defendant was acting in self-defense as to the actions of (name of person defended against) at the time he [killed; wounded] (name of victim) accidentally, then you shall find him not guilty.   [230608]

Virginia Model Jury Instructions – Criminal CHAPTER 33 HOMICIDE Instruction No. 33.850 Accidental Killing Where the defense is that the killing was an accident, the defendant is not required to prove this fact. The burden is on the Commonwealth to prove beyond a reasonable doubt that the killing was not accidental. If, after considering all

Virginia Model Jury Instructions – Criminal CHAPTER 33 HOMICIDE Instruction No. 33.810 Self-Defense—Defendant With Fault—Retreat to Wall If you believe that the defendant was to some degree at fault in provoking or bringing on the [fight; difficulty], but you further believe that: (1) he retreated as far as he safely could under the circumstances in