Va. Model Jury Instr. Crim. No. P37.340(a)

You have found the defendant guilty of the crime of [assault; assault and battery] of a [judge;

magistrate; law-enforcement officer; applicable correctional personnel as defined in Va. Code Ann. §

53.1-1; person employed by the Department of Corrections directly involved in the care, treatment, or

supervision of inmates in the custody of the Department or an employee of a local or regional

correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of

the facility; person directly involved in the care, treatment, or supervision of persons in the custody of or

under the supervision of the Department of Juvenile Justice; employee or other individual who provides

control, care, or treatment of sexually violent predators committed to the custody of the Department of

Behavioral Health and Developmental Service; firefighter as defined in Va. Code Ann. § 65.2-102;

volunteer firefighter; emergency medical services personnel member who is employed by or is a

volunteer of an emergency medical services agency].

Upon consideration of all of the evidence you have heard, you shall fix the defendant’s

punishment at:

(1) A specific term of imprisonment, but not less than one (1) year nor more than five (5) years; or

(2) Confinement in jail for a specific time, but not less than six (6) months nor more than twelve

(12) months; or

(3) Confinement in jail for a specific time, but not less than six (6) months nor more than twelve

(12) months, and a fine of a specific amount, but not more than $2,500.