The Job of a Jury in a Case for Assault Bodily Injury and Assault on a Peace Officer

A person commits the offense of assault if the person intentionally or knowingly causes bodily injury to another, including the person’s spouse.

The offense is a felony if the person the actor assaulted is a public servant and the actor knows the person is a public servant and the assault, if any, is done while the person is lawfully discharging an official duty.

A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to. A result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

“Another” means a person other than the actor.

“Actor” means a person whose criminal responsibility is in
Issue in a criminal action.

“Bodily injury” means physical pain, illness, or any impairment of physical condition.
“Person” means an individual, corporation or association. “Individual” means a human being who has been born
And is alive.

“Public Servant” means a person elected, selected, appointed, employed, or otherwise designated as an officer, employee, or agent of government.

“Government” means the state; a county, municipality, or political subdivision of the state; or any branch or agency of the state, a county, municipality, or political subdivision.

“Peace officer” means a person elected employed, or appointed as a peace officer. You are instructed that a peace officer is a police officer of ·an incorporated city, town, or village.

Voluntary intoxication does not constitute a defense to the commission of a crime.
Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

All persons are presumed innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that a person has · been arrested, confined, or indicted for, or otherwise charged with the offense gives rise to no inference of guilt at his trial.

The law does not require a Defendant to prove his innocence or produce any evidence at all. The presumption of innocence alone is sufficient to acquit the Defendant unless the jurors are satisfied beyond a reasonable doubt of the Defendant’s guilt after careful and impartial consideration of all the evidence in the case.

The Prosecution has the burden of proving the Defendant guilty and it must do so by proving each and every element of the offense charged beyond a reasonable doubt and if it fails to do so, you must acquit the Defendant.

It is not required that the Prosecution proves guilt beyond all possible doubt; it is required that the Prosecutions’ proof excludes all “reasonable doubt” concerning· the Defendant’s guilt.

The Defendant is presumed to have known the person

Assaulted was a public servant if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant.

Even though a jury may find the existence of such element, the State must prove beyond a reasonable doubt each of the other elements of the offense charged; and
If a jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider the presumption for any purpose.

An indictment is no evidence whatsoever of the guilt of a Defendant. It is a written instrument necessary in order to take a case into court for trial, it may not be considered as any evidence in this case or as any circumstance whatsoever against the Defendant.

Jurors are the exclusive judges of the facts proved, of the credibility of the and of the weight to be given to their testimony, and are bound to receive the law from the Court.

The jury is permitted to receive evidence regarding the case, or any witness, and no juror is permitted to communicate to any other juror anything he or she may have seen or heard regarding the case or any witness therein, from any source other than in open court.

A verdict must be by a unanimous vote of all members of the jury. In their deliberations a Jury shall consider the charge as a whole and you must not refer to or discuss any matters not in evidence.

At times throughout the trial the Court may have been called upon to rule on the question of whether or not certain offered evidence might properly be admitted. You are not to concern yourselves with the reasons for the Court’s ruling nor draw any inferences therefrom. Whether offered evidence is admissible is a question of law and in admitting evidence to which an objection is made, the Court does not determine what

Weight should be given such evidence; nor does the Court pass on the credibility of the witness. You must not consider any evidence offered, that has been rejected by the Court. As to any question to which an objection ·was sustained, you must not engage in any conjecture as to what the answer might have been or as to the reason for the objection.

Jurors are instructed that not to allow them to be influenced in any degree whatsoever by what they may think or surmise the opinion of the Court to be. The ·Court has no right by any word or any act to indicate any opinion respecting any matter of fact involved in this case, nor to indicate any desire respecting the outcome of the case.

The Court has not intended to express any opinion upon any matter of fact, and a Jury must anything that they could have interpreted as the Court’s opinion as to any matter of fact.

Jurors may not be influenced by feelings of sympathy for or prejudice against the State or the defendant. Each are entitled to the same fair and impartial consideration.
After retiring to the jury room, the Jury selects the foreman. Any member of the jury may serve as foreman. It is the foreman’s duty to preside during deliberations, vote, until the reach a unanimous verdict. When a verdict is reached, the Court will have it read in the Courtroom.

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez