8.6 Assault by Striking or Wounding (18 U.S.C § 113(a)(4))

            The defendant is charged in [Count _______ of] the information with assault with a dangerous weapon in violation of Section 113(a)(4) of Title 18 of the United States Code.  For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

            First, the defendant assaulted [name of victim] by intentionally [[striking] [wounding]] [[him]] [her]]; and

            Second, the assault took place on [specify place of federal jurisdiction].

Comment

            See United States v. Pierre, 254 F.3d 872, 875 (9th Cir. 2001) (holding that assault by striking, beating, or wounding is not lesser included offense of assault with dangerous weapon).

Revised Apr. 2019