N.C.P.I.—Crim. 208.95H

The defendant has been charged with assault on an emergency worker1

with a deadly weapon inflicting serious injury.

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

three things beyond a reasonable doubt:

First, that the defendant assaulted a(n) [law enforcement officer]

[firefighter] [emergency medical technician] [medical responder] by

intentionally2 (and without justification or excuse)3 (describe assault).

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

object) is a deadly weapon.] [In determining whether (name object) was 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.]4

And Third, that the defendant inflicted serious injury5 upon the [law

enforcement officer] [firefighter] [emergency medical technician] [medical

responder].

NOTE WELL: If self-defense is an issue, use N.C.P.I.—Crim. 308.4.

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

about the alleged date, the defendant intentionally (describe assault) a(n)

[law enforcement officer] [firefighter] [emergency medical technician]

[medical responder] with a (name object) (and that (name object) was a

deadly weapon),6 thereby inflicting serious injury upon the [law enforcement

officer] [firefighter] [emergency medical technician] [medical responder],

(nothing else appearing)7 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.

NOTE WELL: If self-defense is an issue, continue with mandate

from N.C.P.I.—Crim. 308.45.8