UJI 14-304 NMRA
UJI 14-304. Aggravated assault; attempted battery with a deadly weapon; essential elements.
For you to find the defendant guilty of aggravated assault by use of a deadly weapon
[as charged in Count ______________],1 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 victim) by __________________;2
A battery consists of intentionally touching or applying force in a rude, insolent, or
angry manner.3
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 [__________________];4 [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 harm5];6
4. This happened in New Mexico on or about the ____________ day of
______________, ________.