2C:12-1b(11). Model Jury Charge
AGGRAVATED ASSAULT - USE OF LASER SIGHTING SYSTEM ORDEVICE AGAINST LAW ENFORCEMENT OFFICER
(N.J.S.A. 2C:12-1b(11) Model Jury charge
Count __________ of the indictment charges the defendant with aggravated assault by use of a laser sighting system or device against a law enforcement officer.
(Read Count of Indictment)
The defendant is accused of violating a law that provides as follows:
A person is guilty of aggravated assault if he [u]ses 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.
For you to find the defendant guilty of this charge, the State must prove the following elements beyond a reasonable doubt:
1.that the defendant knowingly used or activated a laser sighting system or device, or a device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device; and
2.that the defendant knowingly used the 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 person whohe/sheknew was a law enforcement officer acting in the performance of his/her duties while in uniform or exhibiting evidence of his/her authority.
The first element that the State must prove beyond a reasonable doubt is that defendant knowingly used or activated a laser sighting system or device, or a device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device.
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.
A 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.[1]A laser sighting system or device also includes 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.
[CHARGE IF APPROPRIATE]The term firearm also includes devices in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
A firearm means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.[2]
The second element that the State must prove beyond a reasonable doubt is that thedefendantknowinglyused 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 person whomhe/sheknew was a law enforcement officer acting in the performance of his/her duties while in uniform or exhibiting evidence of his/her authority.
Law enforcement officer means 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.[3]
If you find that the State has proven all the elements of the offense beyond a reasonable doubt, then you must find defendant guilty.If, however, you find that the State has failed to prove any of these elements beyond a reasonable doubt, then you must find defendant not guilty.
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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 record3. 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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