2C:12-1b(4). Model Jury Charge

AGGRAVATED ASSAULT(N.J.S.A.2C:12-1b(4))Model Jury charge Count of the indictment charges defendant with Aggravated Assault by Pointing a Firearm. The statute upon which this count of the indictment is based reads, in pertinent part, as follows: [An actor] is guilty of aggravated assault if he knowingly, under circumstances manifesting extreme indifference to the value of human life, points a firearmat or in the direction of another whether or not the actor believes it to be loaded. In order for you to find the defendant guilty of this count of the indictment, the State must prove the following elements beyond a reasonable doubt: First:that the defendant knowingly pointed a firearm at or in the of another whether or not the defendant believed it to be loaded; Second:that the defendant acted under circumstances that manifested extreme indifference to the value of human life. A firearm is defined as any pistol, revolver, rifle etc. (See footnote definition and use appropriate portion thereof as facts dictate).[1] A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances if the person is aware thathis/herconduct is of that nature, or that such circumstances exist or the person is aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct if the person is aware that it is practically certain thathis/herconduct will cause such a result.In other words, to satisfy this element, the State must prove beyond a reasonable doubt that when the defendant pointed the firearm, the defendant was aware thathe/shewas doing so or was aware that it was highly probable thathis/heract would result in the pointing of the firearm in such a fashion. [NOTE:When the actual person at whom or in whose direction the firearm is pointed is one other than the intended victim, add: It is immaterial that (name of victim) was not the intended victim so long as the other elements of this crime have been proven to you beyond a reasonable doubt.) Furthermore, it is unnecessary for the State to prove that the defendant believed the firearm was loaded. The second element the State must prove beyond a reasonable doubt is that the defendant acted under circumstances that manifest extreme indifference to the value of human life.The phrase under circumstances manifesting extreme indifference to the value of human life does not focus on defendants state of mind, but rather on the circumstances under which you find the defendant acted.The State must prove beyond a reasonable doubt that defendant acted in a way that showed that the defendant was indifferent to whether or not the victim or another lived or died, that is, the defendant acted in a way which showed that defendant did not care that someone might be killed. To summarize, the State must prove two elements beyond a reasonable doubt in order for you to find the defendant guilty of this count: (1)That the defendant knowingly pointed a firearm at or in the direction of another whether or not the defendant believed it to be loaded; (2)That the defendant acted under circumstances manifesting extreme indifference to the value of human life. If you are satisfied that these two elements have been proven to you beyond a reasonable doubt, then you must find the defendant guilty.If you are not satisfied that the State has proven these two elements beyond a reasonable doubt then you must find the defendant not guilty. [1]N.J.S.A.2C:39-1f:Definition of Firearm - A firearm is defined as any pistol, revolver, or other firearm as the term is commonly used, or any gun from which may be fired or ejected any solid projectile 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.It shall also include, without limitation, any carbon dioxide or compressed air 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, or ejecting a bullet or missile smaller than 3/8 of an inch in diameter, with sufficient force to injure the person.

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