MD MPJI-Cr 4:01.1 First Degree Assault

State: Maryland

Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)

4:01.1 First Degree Assault

The defendant is [also] charged with the crime of first degree assault. In order to convict the defendant of first degree assault, the State must prove all of the elements of second degree assault and also must prove that:

(1) the defendant used a firearm to commit assault; or
(2) the defendant intended to cause serious physical injury in the commission of the assault.

A firearm is a weapon that propels [a bullet] [shotgun pellets] [a missile] [a projectile] by gunpowder or a similar explosive.

Serious physical injury means injury that

(1) creates a substantial risk of death; or
(2) causes serious and permanent or serious and protracted [disfigurement] [loss or impairment of the function of any bodily member or organ].