NC · jury_instructions
N.C.P.I.—Crim. 208.95
ASSAULT WITH A FIREARM ON A LAW ENFORCEMENT, PROBATION, OR PAROLE OFFICER OR ON A PERSON EMPLOYED AT A STATE OR LOCAL DETENTION CENTER. FELONY.
The defendant has been accused of assault with a firearm on a
(1. [law enforcement] [probation] [parole] officer.)
(2. person employed at a [State] [local] detention facility.)
Now I charge that for you to find the defendant guilty of this offense,
the State must prove five things beyond a reasonable doubt:
First, that the defendant assaulted the victim by intentionally 1 (and
without justification or excuse) 2 (describe assault).
Second, that the assault was committed with a firearm. 3
Third, that the victim was a
(1. [law enforcement] [probation] [parole] officer.)
(2. person who is employed at a detention facility operated
under the jurisdiction of [the State] [a local government].)
Fourth, that the defendant knew or had reasonable grounds to know
that the victim was a
( 1. [law enforcement] [probation] (parole] officer.)
(2. Person who is employed at a detention facility operated
under the jurisdiction of [the State] [a local government].)
And Fifth, that the victim was in the performance of his duties.
((Describe duty, e.g., serving a warrant) is a duty.)
So I charge that if you find from the evidence beyond a reasonable
doubt that on or about the alleged date, the defendant intentionally
assaulted with a firearm the victim who was a (1. [law enforcement]
[probation] [parole] officer,) (2. person who is employed at a detention
facility operated under the jurisdiction of [the state] [a local government),)
in the performance of his duties, and the defendant knew or had reasonable
grounds to know that the victim was a (1. [law enforcement) [probation]
[parole) officer.) (2. Person who is employed at a detention facility operated
under the jurisdiction of [the State] [a local government],) it would be your
duty to return a verdict of guilty. However, 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.
History
N.C.P.I.—Crim. 208.95 (Replacement November 1998). N.C. Gen. Stat. § 14-34.5. 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
d5a9b9e240c665bb3f3871a7783c2229e5dd20f758006077da5635b61e14b136
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