Washington Jury Instruction - Possession Or Use Of A False Visa
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WPIC 4.24 Definition of the Crime?Form. A person commits the crime of (name of crime) when he or she (set forth language of statute or ordinance being defined). Use this instruction if it will help the jury understand the charged offense or if it is necessary to define a particular offense for the jury.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
The pattern instructions are designed as simple, brief, unbiased statements of the law which are free from argument.
WPIC 35.25 Assault?Fourth Degree?Gross Misdemeanor?Definition. A person commits the crime of assault in the fourth degree when he or she commits an assault. Use this instruction only for the gross misdemeanor offense of assault in the fourth degree charged under RCW 9A. 36.041(1)(2).
Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...
Assault in the fourth degree is a criminal offense that can have serious legal and personal consequences for the person accused. Washington State believes that Assault 4 entails a lack of respect for human life, which makes the charge a gross misdemeanor.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
WPIC 2.13 Malice?Maliciously?Definition. Malice and maliciously mean an evil intent, wish, or design to vex, annoy, or injure another person. [Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.]
Assault in the 4th degree is a ?catch all? offense. All assaults that are not serious enough to be classified as 1st, 2nd, or 3rd degree assault are charged as an assault in the 4th degree. 4th degree assault is a gross misdemeanor and punishable by 364 days in jail and a fine of $5,000.