AGGRAVATED ASSAULT - BODILY INJURY WITH DEADLY WEAPON[1]
(RECKLESSLY)
(N.J.S.A.
2C:12-1b(3))
(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 recklessly causes bodily injury to
another with a deadly weapon.
To find the defendant guilty of recklessly 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 recklessly.
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.[2]
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, the bodily injury sustained
by (name of victim) must have been 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/her
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 recklessly. A person acts
recklessly when he/she is aware of and consciously disregards a substantial and
unjustifiable risk. The risk must
be of such a nature and degree that, considering the nature and purpose of
defendant's conduct and the circumstances known to defendant, his/her
disregard of that risk involves a gross deviation from the standard of conduct
that a reasonable person would follow in the actor’s situation. One is said to act recklessly if one
acts with recklessness, with scorn for the consequences, heedlessly,
foolhardily.
Reckless is a condition 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:
[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.
[1] This charge is inapplicable to assaults
involving a motor vehicle. See
State v. Parker, 198 N.J. Super. 272, 282-83 (App. Div. 1984), certif.
denied, 99 N.J. 239 (1985).
Utilize the Model Jury Charges for assault by auto, N.J.S.A.
2C:12-1c(1) for cases involving reckless conduct and a motor vehicle.
[2] N.J.S.A.
2C:11-1a.
[3] N.J.S.A.
2C:2-3d.
