NC · jury_instructions
N.C.P.I.—Crim. 208.95A
ASSAULT WITH A FIREARM OR OTHER DEADLY WEAPON UPON EMERGENCY MEDICAL SERVICES PERSONNEL. FELONY.
The defendant has been charged with assault with a [firearm] [deadly
weapon] upon an emergency medical services person while such person was
in the performance of his duties.
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 intentionally2 (and
without justification or excuse)3 (describe assault).
Second, that the defendant used a [firearm. (Describe firearm) is a
firearm] [deadly weapon. A deadly weapon is a weapon which is likely to cause
death or serious bodily injury. In determining whether (name object) is a
deadly weapon, you should consider the nature of (name object), the manner
in which it was used, and the size and strength of the defendant as compared
to the victim].
Third, that the victim was an emergency medical services person.
Fourth, that the defendant knew or had reasonable grounds to believe
that the victim was an emergency medical services person.
And Fifth, that the victim was [discharging] [attempting to discharge]
an official duty. (Describe what victim was doing, e.g., providing care for a
patient) is an official duty of an emergency medical services person.4
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 (and without justification
or excuse) (describe assault) the victim with a [firearm] [(name object) (and
that (name object) was a deadly weapon)5], and that the victim was an
emergency medical services person, who was [discharging] [attempting to
discharge] an official duty, and that the defendant knew or had reasonable
grounds to believe that the victim was an emergency medical services person,
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.6
History
N.C.P.I.—Crim. 208.95A (Replacement January 2024). N.C. Gen. Stat. § 14-34.6. 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
9d8c44ec2b2313ef4db21c328e31fbfa1b0d50eb094a464c7d73f9b914d57006
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