WPIC 35.25 Assault—Fourth Degree—Gross Misdemeanor—Definition

Use this instruction only for the gross misdemeanor offense of assault in the fourth degree charged under RCW 9A.36.041(1)(2).

For a felony assault in the fourth degree charged under RCW 9A.36.041(3), use WPIC 35.25.01 (Assault—Fourth Degree—Felony—Definition) instead.

Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form). This instruction is typically used only when fourth degree assault is submitted to the jury as a lesser included offense.

Supplement this instruction with instructions relating to the greater offense charged. Also use WPIC 35.26 (Assault—Fourth Degree—Elements) and WPIC 35.50 (Assault—Definition). If fourth degree assault is the only charge submitted to the jury, do not use this instruction but use WPIC 35.50 (Assault—Definition) and WPIC 35.26 (Assault—Fourth Degree—Elements).

RCW 9A.36.041. The words “Gross Misdemeanor” should not be included if the jury is not also being instructed on the gross misdemeanor form of the crime, WPIC 36.50 (Violation of a Court Order (RCW 26.50.110)—Gross Misdemeanor—Definition). Juries are routinely instructed that they should not consider potential punishment during their deliberations. See, e.g., WPIC 1.02 (Conclusion of Trial—Introductory Instruction). Referring to the crime as a “Gross Misdemeanor” to some extent is inconsistent with this mandate.