Simple Assault.
2C:12-1
a
By Kenneth Vercammen Esq. of Edison, NJ
Simple assault. A person is guilty of assault if he:
(1)
Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or
(1)Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or
(2)
Negligently causes
bodily injury to another with a deadly weapon; or
(3)
Attempts by physical
menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight
or scuffle entered into by mutual consent, in which case it is a petty
disorderly persons offense.
b.
Aggravated
assault. A person is guilty of aggravated assault if he:
(1)
Attempts to cause
serious bodily injury to another, or causes such injury purposely or knowingly
or under circumstances manifesting extreme indifference to the value of human
life recklessly causes such injury; or
(2)
Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon;
or
(3)
Recklessly causes
bodily injury to another with a deadly weapon; or
(4)
Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in section 2C:39-1f., at or in the direction of
another, whether or not the actor believes it to be loaded; or
(5)
Commits a simple
assault as defined in subsection a. (1), (2) or (3) of this section upon:
(a)
Any law enforcement
officer acting in the performance of his duties while in uniform or exhibiting
evidence of his authority or because of his status as a law enforcement
officer; or
(b)
Any paid or volunteer
fireman acting in the performance of his duties while in uniform or otherwise
clearly identifiable as being engaged in the performance of the duties of a
fireman; or
(c)
Any person engaged in
emergency first-aid or medical services acting in the performance of his duties
while in uniform or otherwise clearly identifiable as being engaged in the
performance of emergency first-aid or medical services; or
(d)
Any school board
member, school administrator, teacher, school bus driver or other employee of a
public or nonpublic school or school board while clearly identifiable as being
engaged in the performance of his duties or because of his status as a member
or employee of a public or nonpublic school or school board or any school bus
driver employed by an operator under contract to a public or nonpublic school
or school board while clearly identifiable as being engaged in the performance
of his duties or because of his status as a school bus driver; or
(e)
Any employee of the
Division of Youth and Family Services while clearly identifiable as being
engaged in the performance of his duties or because of his status as an
employee of the division; or
(f)
Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of his status as a member of the judiciary; or
(g)
Any operator of a
motorbus or the operator's supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of his
duties or because of his status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or
(h)
Any Department of
Corrections employee, county corrections officer, juvenile corrections officer,
State juvenile facility employee, juvenile detention staff member, juvenile
detention officer, probation officer or any sheriff, undersheriff, or sheriff's
officer acting in the performance of his duties while in uniform or exhibiting
evidence of his authority; or
(i)
Any employee,
including any person employed under contract, of a utility company as defined
in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company
subject to the provisions of the "Cable Television Act," P.L.1972,
c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the
performance of his duties in regard to connecting, disconnecting or repairing
or attempting to connect, disconnect or repair any gas, electric or water
utility, or cable television or telecommunication service; or
(j)
Any health care worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans' memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession; or
(k)
Any direct care worker
at a State or county psychiatric hospital or State developmental center or
veterans' memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care profession,
provided that the actor is not a patient or resident at the facility who is
classified by the facility as having a mental illness or developmental
disability; or
(6)
Causes bodily injury
to another person while fleeing or attempting to elude a law enforcement
officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a
motor vehicle in violation of subsection c. of N.J.S.2C:20-10.
Notwithstanding any other provision of law to the contrary, a person shall be
strictly liable for a violation of this subsection upon proof of a violation of
subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation
of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another
person; or
(7)
Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or
(8)
Causes bodily injury
by knowingly or purposely starting a fire or causing an explosion in violation
of N.J.S.2C:17-1 which results in bodily injury to any emergency services
personnel involved in fire suppression activities, rendering emergency medical
services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion. For purposes of this subsection,
"emergency services personnel" shall include, but not be limited to,
any paid or volunteer fireman, any person engaged in emergency first-aid or
medical services and any law enforcement officer. Notwithstanding any
other provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which
resulted in bodily injury to any emergency services personnel; or
(9)
Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or
(10) Knowingly points,
displays or uses an imitation firearm, as defined in subsection f. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten or attempt to put the officer in fear of bodily
injury or for any unlawful purpose; or
(11) Uses or activates
a laser sighting system or device, or a system or device which, in the manner
used, would cause a reasonable person to believe that it is a laser sighting
system or device, against a law enforcement officer acting in the performance
of his duties while in uniform or exhibiting evidence of his authority.
As used in this paragraph, "laser sighting system or device" means
any system or device that is integrated with or affixed to a firearm and emits
a laser light beam that is used to assist in the sight alignment or aiming of
the firearm.
Aggravated assault
under subsections b. (1) and b. (6) is a crime of the second degree; under
subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree;
under subsections b. (3) and b. (4) is a crime of the fourth degree; and under
subsection b. (5) is a crime of the third degree if the victim suffers bodily
injury, otherwise it is a crime of the fourth degree. Aggravated assault under
subsection b.(8) is a crime of the third degree if the victim suffers bodily injury;
if the victim suffers significant bodily injury or serious bodily injury it is
a crime of the second degree. Aggravated assault under subsection b. (11) is a
crime of the third degree.
c. (1) A person is guilty of assault by auto or vessel when the person
drives a vehicle or vessel recklessly and causes either serious bodily injury
or bodily injury to another. Assault by auto or vessel is a crime of the
fourth degree if serious bodily injury results and is a disorderly persons
offense if bodily injury results.
(2)
Assault by auto or
vessel is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.
(3)
Assault by auto or
vessel is a crime of the second degree if serious bodily injury results from
the defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
(a)
on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school
property;
(b)
driving through a
school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or
(c)
driving through a
school crossing as defined in R.S.39:1-1 knowing that juveniles are present if
the municipality has not designated the school crossing as such by ordinance or
resolution.
Assault by auto or
vessel is a crime of the third degree if bodily injury results from the
defendant operating the auto or vessel in violation of this paragraph.
A map or true copy of
a map depicting the location and boundaries of the area on or within 1,000 feet
of any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.
It shall be no defense
to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of
this subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing. Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.
As used in this
section, "vessel" means a means of conveyance for travel on water and
propelled otherwise than by muscular power.
d.
A person who is
employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2)
who commits a simple assault as defined in paragraph (1) or (2) of subsection
a. of this section upon an institutionalized elderly person as defined in
section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth
degree.
e.
(Deleted by amendment,
P.L.2001, c.443).
f.
A person who commits a
simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this
section in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth
degree. The defendant shall be strictly liable upon proof that the
offense occurred, in fact, in the presence of a child under 16 years of
age. It shall not be a defense that the defendant did not know that the
child was present or reasonably believed that the child was 16 years of age or
older. The provisions of this subsection shall not be construed to create
any liability on the part of a participant in a youth sports event or to
abrogate any immunity or defense available to a participant in a youth sports
event. As used in this act, "school or community sponsored youth
sports event" means a competition, practice or instructional event
involving one or more interscholastic sports teams or youth sports teams
organized pursuant to a nonprofit or similar charter or which are member teams
in a youth league organized by or affiliated with a county or municipal
recreation department and shall not include collegiate, semi-professional or
professional sporting events.
amended 1979, c.178,
s.22; 1981, c.290, s.14; 1983, c.101; 1985, c.97, s.2; 1985, c.444; 1990, c.87,
s.1; 1991, c.237, s.2; 1991, c.341, s.2; 1993, c.219, s.2; 1995, c.6, s.1;
1995, c.181; 1995, c.211, s.1; 1995, c.307, s.2; 1997, c.42; 1997, c.119; 1999,
c.77; 1999, c.185, s.2; 1999, c.281; 1999, c.381; 2001, c.215; 2001, c.443,
s.2; 2002, c.53; 2003, c.218; 2005, c.2; 2006, c.78, s.2; 2010, c.109.
2C:12-1.1
Knowingly leaving scene of motor vehicle accident resulting in serious bodily
injury, third degree crime.
2.
A motor vehicle
operator who knows he is involved in an accident and knowingly leaves the scene
of that accident under circumstances that violate the provisions of
R.S.39:4-129 shall be guilty of a crime of the third degree if the
accident results in serious bodily injury to another person. The
presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to
persons convicted under the provisions of this section.
If the evidence so
warrants, nothing in this section shall be deemed to preclude an indictment and
conviction for aggravated assault or assault by auto under the provisions of
N.J.S.2C:12-1.
Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under this section shall not merge with a conviction for aggravated assault or
assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence
shall be imposed upon each conviction.
Notwithstanding the
provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the
case of such multiple convictions the court imposes multiple sentences of
imprisonment for more than one offense, those sentences shall run
consecutively.
For the purposes of
this section, neither knowledge of the serious bodily injury nor knowledge of
the violation are elements of the offense and it shall not be a defense that
the driver of the motor vehicle was unaware of the serious bodily injury or
provisions of R.S.39:4-129.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053
Woodbridge Ave.
Edison, NJ
08817
(Phone)
732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
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