CALCRIM No. 3225

<Introductory paragraph for nonbifurcated trial>

[If you find the defendant guilty of the crime[s] charged [in Count[s]

][or of attempting to commit (that/those) crime[s]][or the lesser

crime[s] of <insert lesser offense[s]>], you must then decide

whether[, for each crime,] the People have proved the additional

allegation[s] that the defendant was armed with or used a weapon, to

wit: <insert description of weapon>, during commission of

the crime[s] in Count[s] .]

<Introductory paragraph for bifurcated trial>

[The People have alleged that the defendant was armed with or used a

weapon, to wit: <insert description of weapon>, during

commission of the crime[s][in Count[s]].]

To prove this allegation, the People must prove that the defendant, while

committing the crime[s][in Count[s]], (knowingly carried a

weapon[,]/ [or]knowingly had a weapon available for use[,]/ [or

]intentionally displayed a weapon in a menacing manner[,]/ [or

]intentionally (fired/ [or]attempted to fire) a weapon[,]/ [or]intentionally

(struck[,]/ [or]stabbed[,]/ [or]slashed[,]/ [or]hit][,]/ [or]attempted to

(strike[,]/ [or]stab[,]/ [or]slash[,]/ [or]hit) another person with a

weapon).

[A device, instrument, or object that is capable of being used to inflict

injury or death may be a weapon. In determining whether

<insert description> was a weapon, you may consider the totality of

circumstances, including the manner in which it was used or possessed.]

Y ou may not find the allegation true unless all of you agree that the

People have proved that the defendant was either armed or used a

weapon. However, all of you do not need to agree on which act[s] or

conduct constitutes the arming or use of a weapon.

Y ou may not find the allegation true unless all of you agree that the

People have proved that the defendant’s conduct was distinctively worse

than an ordinary commission of the underlying crime.

[Y ou must decide whether the People have proved this allegation for

each crime and return a separate finding for each crime.]

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.

New March 2023; Revised March 2024,* February 2025,* February 2026*

* Denotes changes only to bench notes and other commentaries.