Ala. Pattern Jury Instr. (Criminal) 13A-6-21(A)(2)

ASSAULT SECOND DEGREE

(Intentional – Deadly Weapon or Dangerous Instrument)

The defendant is charged with assault in the second degree.

A person commits the crime of assault in the second degree if, with

intent to cause physical injury to another person, he/she causes physical

injury to any person by means of a deadly weapon or dangerous instrument.

To convict, the State must prove beyond a reasonable doubt each of

the following elements:

(1) The defendant caused physical injury to another person, [Insert name

of injured person];

(2) The defendant caused the injury by means of a deadly weapon or

dangerous instrument, [Insert description]; [AND]

(3) The defendant intended to cause physical injury to another person.

A person, when referring to the victim, means a human being,

including an unborn child in utero at any stage of development, regardless of

viability. [13A-6-1(a)(3)]

Physical injury is impairment of physical condition or substantial

pain. [13A-1-2(12)]

[Read as appropriate] A deadly weapon is a firearm or anything

manifestly designed, made, or adapted for the purposes of inflicting death or

serious physical injury. The term includes, but is not limited to, a pistol, rifle, or

shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or

any billy, black-jack, bludgeon, or metal knuckles. [13A-1-2(7)]

[Read as appropriate] A firearm is a weapon from which a shot is

discharged by gunpowder. [13A-8-1]

[Read as appropriate] A dangerous instrument is any instrument,

article, or substance which, under the circumstances in which it is used,

attempted to be used, or threatened to be used, is highly capable of causing

death or serious physical injury. A dangerous instrument includes a vehicle.

[13A-1-2(5)]

[Read as appropriate] A vehicle is any propelled device in, upon, or

by which any person or property is transported on land, water, or in the air

and includes motor vehicles, motorcycles, motorboats, aircraft, and any

vessel propelled by machinery, whether or not that machinery is the

principal source of propulsion. [13A-1-2(15) & 13A-8-1(9)]

A person acts intentionally when it is her/her purpose to cause serious

physical injury to another person. [13A-2-2(1)]

[Read as Appropriate – Transferred Intent] A person acts

intentionally when it is his/her purpose to cause serious physical injury to a

specific person, regardless of whether the injury person is actually the person

whose injury the defendant allegedly wished to cause. See Ex Parte Jackson ,

614 So.2d 405, 406-407 (Ala. 1991); Farrior v. State, 728 So.2d 691, 695-696

(Ala. Crim. App. 1999).

If you find from the evidence that the State has proved beyond a

reasonable doubt each of the elements of assault in the second degree, then

you shall find the defendant guilty of assault in the second degree.

If you find that the State has failed to prove beyond a reasonable doubt

any one or more of the elements of assault in the second degree, then you

cannot find the defendant guilty of assault in the second degree.

[If there are lesser-included offenses, the Court should instruct on those

offenses at this point.]