UJI 14-2201. Aggravated assault on a peace officer; attempted battery with a deadly weapon; essential elements.1

For you to find the defendant guilty of aggravated assault on a peace officer by use of a deadly weapon [as charged in Count __________________]2, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant intended to commit the crime of battery against _______________ (name of peace officer) by __________________3; A battery consists of intentionally touching or applying force in a rude, insolent, or angry manner4. 2. The defendant began to do an act which constituted a substantial part of the battery but failed to commit the battery; 3. The defendant used a [__________________]5 [deadly weapon. The defendant used a __________________ (name of object). A __________________ (name of object) is a deadly weapon only if you find that a __________________ (name of object), when used as a weapon, could cause death or great bodily harm6]7; 4. At the time, __________________ (name of peace officer) was a peace officer and was performing duties of a peace officer8; 5. The defendant knew ____________________ (name of peace officer) was a peace officer; 6. The defendant’s conduct [threatened the safety of __________________ (name of peace officer);] [or]9 [challenged the authority of __________________ (name of peace officer);] 7. This happened in New Mexico on or about the ____________ day of _________, ________.