N.C.P.I.—Crim. 208.45A.1

Note Well: This offense is activated by a violation of

N.C. Gen. Stat. § 14-33 or N.C. Gen. Stat. § 14-34.

Here, as an example, N.C. Gen. Stat. § 14-33(c)(2),

Assault on a Female, is used as the activating offense.

N.C. Gen. Stat. § 14-33.2 was amended effective

December 1, 2004. This instruction should be used for

offenses committed on or after that date. For offenses

committed on or before December 1, 2004, N.C.P.I.—

Crim. 208.45 should be used.

Use N.C.P.I. 208.45A if the defendant denies prior

convictions for either misdemeanor or felony assault

within 15 years of the current offense or remains

silent.

If the defendant admits to two or more prior

convictions for either misdemeanor or felony assaults

within 15 years of the current offense, those elements

of the offense are established and no evidence in

support thereof may be adduced by the State. In such

case, a transcript of plea is required for the admission

of these convictions.

The defendant has been charged with felonious1 assault.2

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

prove [three] [four] things beyond a reasonable doubt:

NOTE WELL: This offense is activated by a violation of

N.C. Gen. Stat. § 14-33 or N.C. Gen. Stat. § 14-34.

Here, as an example, N.C. Gen. Stat. § 14-33(c)(2),

Assault on a Female, is used as the activating offense.

The appropriate offense from N.C. Gen. Stat. §§ 14-33

or 14-34 should be inserted in the second element

below. If the activating offense is a violation of N.C.

Gen. Stat. § 14-33, then the offense must cause the

alleged victim physical injury and the third element

must be given.

First, that the defendant on (name date) was at least 18 years of

age.

Second, that the defendant was a male.

(And) Third, that the defendant did intentionally (that is, without

justification or excuse)3 assault the alleged victim, a female person, by

(describe assault).

((And) Fourth, that the defendant thereby caused physical injury to

the alleged victim.)4

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

about the alleged date the defendant intentionally assaulted the alleged

victim, a female person, by (describe assault) (and thereby caused

physical injury to the alleged victim), and the defendant was a male

person, at least 18 years of age, (nothing else appearing)5 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.