AGGRAVATED
ASSAULT - BODILY INJURY WITH DEADLY WEAPON
(PURPOSELY
OR KNOWINGLY)(N.J.S.A.
2C:12-1b(2))
Count
_____ of the indictment charges defendant with aggravated assault in that he/she
allegedly
(Read
appropriate count of Indictment)
Defendant
is accused of violating a section of our law that reads as follows:
A
person is guilty of aggravated assault if he attempts to cause or purposely or
knowingly causes bodily injury to another with a deadly weapon.
Under
this statute, the defendant can be found guilty if he/she
EITHER caused bodily injury to another with a deadly weapon OR
attempted to cause bodily injury to another with a deadly weapon.
To
find the defendant guilty of causing bodily injury to another with a deadly weapon,
the State must prove beyond a reasonable doubt the following elements:
1. that
the defendant caused bodily injury to another; and
2. that
the defendant caused the bodily injury by use of a deadly weapon; and
3. that the defendant acted purposely or
knowingly.
The
first element that the State must prove beyond a reasonable doubt is that
defendant caused bodily injury to another.
Bodily
injury is defined as physical pain, illness, or any impairment of the physical
condition
of another.[1]
The
second element that the State must prove beyond a reasonable doubt is that the
defendant caused the bodily injury by use of a deadly weapon.
Causation
has a special meaning under the law.
To establish causation, the State must prove two elements, each beyond a
reasonable doubt:
First,
that but for the defendant's conduct, (name of victim) would not have
sustained bodily injury.
Second,
that the bodily injury sustained by (name of victim) was within the
design or contemplation of the defendant.
If not, it must involve the same kind of injury or harm as that designed
or contemplated, and must also not be too remote, too accidental in its
occurrence or too dependent on another's volitional act to have a just bearing
on the defendant's liability or on the gravity of his offense. In other words, the State must prove
beyond a reasonable doubt that the bodily injury sustained by (name of
victim) was not so unexpected or unusual that it would be unjust to find
the defendant guilty of aggravated assault.
A
deadly weapon is any firearm or other weapon, device, instrument, material or
substance, whether animate or inanimate, which in the manner it is used or is
intended to be used is known to be capable of producing death or serious bodily
injury. Serious bodily injury means
bodily injury that creates a substantial risk of death or that causes serious
permanent disfigurement, or protracted loss or impairment of the function of
any bodily member or organ.
The
third element that the State must prove beyond a reasonable doubt is that the
defendant acted purposely or knowingly.
A
person acts purposely with respect to the nature of his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to
cause such a result. A person acts
purposely with respect to attendant circumstances if he/she
is aware of the existence of such circumstances or he/she
believes or hopes that they exist.
“With purpose,” “designed,” “with design,” or equivalent terms have the
same meaning.
A
person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if he/she
is aware that his/her conduct 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 of the conduct if he/she
is aware that it is practically certain that his/her conduct will cause
such a result. “Knowing,”
“with knowledge,” or equivalent terms have the same meaning.
Purpose
and knowledge are conditions of the mind that cannot be seen and that can be
determined only from inferences from conduct, words or acts. It is not necessary for the State to
produce a witness to testify that the defendant stated that he/she
acted with a particular state of mind.
It is within your power to find that proof of purpose or knowledge has
been furnished beyond a reasonable doubt by inferences that may arise from the
nature of the acts and circumstances surrounding the conduct in question.
[CHARGE
WHERE APPROPRIATE]
[When
the actual victim was one other than the intended victim, add:
It
is immaterial that (name the victim) was or was not the intended victim.]
[CHARGE
IN ALL CASES]
If
you find that the State has proved each element beyond a reasonable doubt, then
you must find defendant guilty. If
you find that the State has failed to prove any element beyond a reasonable
doubt, then you must find defendant not guilty of the charge of aggravated
assault by causing bodily injury with a deadly weapon.[2]
As
I previously instructed you, the defendant can be found guilty if he/she
EITHER caused bodily injury to another with a deadly weapon OR
attempted to cause bodily injury to another with a deadly weapon. If you find beyond a reasonable doubt
that defendant attempted to cause bodily injury to another with a deadly
weapon, it does not matter whether such injury actually resulted.
The
law provides that a person is guilty of attempt if, acting purposefully, he/she:
(select
appropriate section)
1. Engaged
in conduct that would constitute the offense if the attendant circumstances
were as a reasonable person would believe them to be;
(or)
2. Did
(or omitted to do) anything with the purpose of causing bodily injury to
another with a deadly weapon without further conduct on his/her part. This means
that the defendant(s) did something designed to cause bodily injury to another
with a deadly weapon without having to take any further action.
(or)
3. Did
(or omitted to do) anything that, under the circumstances as a reasonable
person would believe them to be, was an act (or omission) constituting a
substantial step in a course of conduct planned to culminate in his/her commission of the crime.
The step taken must be one that is strongly corroborative of the
defendant’s criminal purpose. The
accused must be shown to have had a firmness of criminal purpose in light of
the step(s) he/she
had already taken. These
preparatory steps must be substantial and not just very remote preparatory
acts.[3]
Bodily
injury is defined as physical pain, illness, or any impairment of the physical
condition of another.
A
deadly weapon is any firearm or other weapon, device, instrument, material or
substance, whether animate or inanimate, which in the manner it is used or is
intended to be used is known to be capable of producing death or serious bodily
injury. Serious bodily injury
means bodily injury that creates a substantial risk of death or that causes
serious permanent disfigurement, or protracted loss or impairment of the
function of any bodily member or organ.
A
person acts purposely with respect to the nature of his/her conduct or a result thereof if it is the person's conscious
object to engage in conduct of that nature or to cause such a result. A person acts purposely if he/she
acts with design, with a specific intent, with a particular object or purpose
or if he/she
means to do what he/she does (e.g., “I did it on purpose”).
If
you find that the State has proved beyond a reasonable doubt that the defendant
attempted to cause bodily injury to another with a deadly weapon, then you must
find defendant guilty.
If
you find that the State has failed to prove beyond a reasonable doubt that the
defendant attempted to cause bodily injury to another with a deadly weapon,
then you must find defendant not guilty.
