NC · jury_instructions
N.C.P.I.—Crim. 208.50
ASSAULT WITH A DEADLY WEAPON. MISDEMEANOR.
The defendant has been charged with assault with a deadly
weapon.
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 intentionally1 (and
without justification or excuse)2 (describe assault).
And 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), the manner in which it was used, and the size and
strength of the defendant as compared to the victim.]3]
NOTE WELL: If self-defense is an issue, use N.C.P.I.-
Crim. 308.45.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant intentionally assaulted the victim
with a (name weapon) (and that (name weapon) was a deadly weapon),4
(nothing else appearing) 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.5
NOTE WELL: If self-defense is an issue, use mandate
from N.C.P.I.-Crim. 308.45.6
History
N.C.P.I.—Crim. 208.50 (March 2002). N.C. Gen. Stat. § 14-33(c)(1). 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
079991f54729f7dd10b29b93d757a6c6d158186feca61759aee74388c64d6507
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