NC · jury_instructions
N.C.P.I.—Crim. 208.41
SIMPLE ASSAULT (INVOLVING PHYSICAL CONTACT). MISDEMEANOR.
NOTE WELL: If physical contact is not involved, use
N.C.P.I.-Crim. 208.40.
The defendant has been charged with simple assault.1
For you to find the defendant guilty of this offense, the State must
prove two things beyond a reasonable doubt:
First, that the defendant assaulted the victim by (describe assault).
And Second, that the defendant acted intentionally2 (and without
justification or excuse).3
NOTE WELL: If self-defense is an issue, use charge
N.C.P.I.-Crim. 308.40 as to the elements of self-defense. If defense of a family member or third person
is an issue, use N.C.P.I.-Crim. 308.40A or 308.50, as
appropriate.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant intentionally (describe assault),
(nothing else appearing)3 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 both
of these things, it would be your duty to return a verdict of not guilty.
NOTE WELL: If self-defense is an issue, use mandate
from N.C.P.I.-Crim. 308.40.4 If defense of a family
member or third person is an issue, use N.C.P.I.-Crim.
308.40A or 308.50, as appropriate.
History
N.C.P.I.—Crim. 208.41 (June 2010). N.C. Gen. Stat. § 14-33(a). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5562e0947e87fe69494ed85e7c3fe32f3804098c08f1b9de996ab9a89f42d37a
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