AGGRAVATED ASSAULT(POINTING OR DISPLAYING IMITATION FIREARM
AT LAW ENFORCEMENT OFFICER)
(N.J.S.A.2C:12-1b(10) Model Jury charge
Count of this indictment charges the defendant with the crime of aggravated assault.
(READ INDICTMENT)
The applicable statute provides, in pertinent part, that:
A person is guilty of aggravated assault if he . . . (k)nowingly points, displays or uses an imitation firearm . . . 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.
In order for you to find the defendant guilty, the State must prove each of the following elements beyond a reasonable doubt:
1.that the defendant knowingly pointed, displayed or used an imitation firearm at or in the direction of a law enforcement officer;
2.that the defendant knew that the person was a law enforcement officer; and
3.that the defendant acted with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.
The first element that the State must prove beyond a reasonable doubt is that the defendant knowingly pointed, displayed or used an imitation firearm at or in the direction of a law enforcement officer.
An imitation firearm is defined as an object or device reasonably capable of being
A firearm is defined as any handgun, rifle, shotgun, machine gun, or automatic or semi-automatic rifle.
A law enforcement officer is a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.
A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature or that such circumstances exist or ifhe/sheis aware of a high probability of their existence. A person acts knowingly with respect to the result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.
Knowledge is a condition of the mind that cannot be seen and that can be determined only by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce witnesses to testify that an accused said thathe/shehad a certain state of mind whenhe/sheengaged in a particular act. It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of the defendants acts and conduct, from all thathe/shesaid and did at the particular time and place, and from all surrounding circumstances.
The second element that the State must prove beyond a reasonable doubt is that the defendant knew that the person was a law enforcement officer.
As I instructed you earlier, a person acts knowingly with respect to the nature of the attendant circumstances ifhe/sheis aware that such circumstances exist or ifhe/sheis aware of a high probability of their existence.
The third element that the State must prove beyond a reasonable doubt is that the defendant acted with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.
A person acts with purpose with respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious object to engage in conduct of that nature or to cause such a result. A person acts with purpose with respect to attendant circumstances ifhe/shebelieves or hopes that they exist. A person acts with purpose ifhe/sheacts with design, with a specific intent, with a particular object or purpose, or ifhe/shemeans to do whathe/shedoes. As with knowledge, purpose is a condition of the mind that cannot be seen and that can be determined only by inferences from conduct, words or acts.
A person has a purpose to use an imitation firearm unlawfully ifhe/shehas a purpose to use it in a manner that is prohibited by law. In this case, the State contends that the defendants unlawful purpose was[describe the unlawful purpose alleged by the State].
[If the defense alleges a lawful purpose, the trial court should instruct the jury on the defense claim. See, for example, the model charge for Possession of a Firearm for an Unlawful Purpose,N.J.S.A. 2C:39-4a.
You must not rely on your own notions of the unlawfulness of some other undescribed purpose of the defendant. Rather, you must consider whether the State proved the specific unlawful purpose alleged.The unlawful purpose alleged by the State may be inferred from all that was said or done and from all of the surrounding circumstances in this case. However, the State need not prove that the defendant accomplishedhis/herunlawful purpose.
Bodily injury is defined as physical pain, illness or any impairment of physical condition.
If you find that the State has proved each and every element of this offense beyond a reasonable doubt, then you must find the defendant guilty of aggravated assault.If, however, you find that the State has failed to prove any element of this offense beyond a reasonable doubt, then you must find the defendant not guilty.
This statute took effect on April 20, 1999.
State v. Villar, 150 N.J. 503, 511 (1997).
State v. Jenkins, 234 N.J. Super. 311, 316 (App. Div. 1989). See also, State v. Villar, supra.
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Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
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