N.C.P.I.—Crim. 208.02

The defendant has been charged with assault on a(n) [legislative]

[executive] [court] officer with a deadly weapon.

For you to find the defendant guilty of this offense, the State must

prove four things beyond a reasonable doubt:

First, that the defendant assaulted the victim by intentionally1 (and

without justification or excuse)2 (describe assault).

Second, that the defendant used a deadly weapon. A deadly

weapon is a weapon which is likely to cause death or serious bodily

injury.

[(Name weapon) is a deadly weapon.] [In determining whether

(name weapon) is a deadly weapon, you should consider the nature of

(name weapon), (and) the manner in which it was used, (and the size

and strength of the defendant as compared to the victim).]3

Third, that the victim was a(n) [legislative]4 [executive]5 [court]6

officer. [(Name victim's title) is a(n) [legislative] [executive] [court]

officer.]7

And Fourth, that the defendant knew or had reasonable grounds to

know that the victim was a(n) [legislative] [executive] [court] officer.

NOTE WELL: If self-defense is an issue, use charge

N.C.P.I.-Crim. 308.45 as to the elements of self-defense.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant assaulted the victim with a (name

weapon) (and that (name weapon) was a deadly weapon),8 that the

victim was a(n) [legislative] [executive] [court] officer, and that the

defendant knew or had reasonable grounds to know that the victim was

a(n) [legislative] [executive] [court] officer, (nothing else appearing)9 it

would be your duty to return a verdict of guilty.

If you do not so find or have a reasonable doubt as to one or more

of these things, it would be your duty to return a verdict of not guilty.10

NOTE WELL: If self-defense is an issue, use the

mandate from N.C.P.I.-Crim. 308.45.11