NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


2C:12-1b(10)) Model Jury charge

AGGRAVATED ASSAULT(POINTING OR DISPLAYING IMITATION FIREARM

AT LAW ENFORCEMENT OFFICER)

(N.J.S.A.2C:12-1b(10))[1]Model Jury charge

Countof 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


mistaken for a firearm.[2]

A firearm is defined as any handgun, rifle, shotgun, machine gun, or automatic or semi-automatic rifle.[3]

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.[4]

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].[5]

[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.[6]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.[7]

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.



[1]This statute took effect on April 20, 1999.

[2]N.J.S.A. 2C:39-1v.

[3]N.J.S.A. 2C:39-1f.

[4]Cf.N.J.S.A. 2C:25-19c.

[5]State v. Villar, 150N.J. 503, 511 (1997).

[6]State v. Jenkins, 234N.J. Super. 311, 316 (App. Div. 1989). See also,State v. Villar, supra.

[7]N.J.S.A. 2C:11-1d.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
Receive free NJ Laws Email newsletter with current laws and cases

Telephone Consultation Program
New Article of the Week

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.NJLaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Copyright 2017. Kenneth Vercammen & Associates, P.C.