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(5)(a), (b), (c), (d), (e), (f), (g)[1] Jury charge

AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT OFFICER(PHYSICAL MENACE)

(N.J.S.A. 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g)[1] Model Jury charge

Count of this indictment charges the defendant with aggravated assault.

(Read appropriate count of indictment).

The defendant is accused of violating a law that provides in pertinent part:

A person is guilty of aggravated assault if he . . . (a)ttempts by physical menace to put . . . (a)ny law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer . . . in fear of imminent serious bodily injury.

For you to find the defendant guilty of this offense, the State must prove each of the following elements beyond a reasonable doubt:

1. that the defendant purposely attempted by physical menace to put (insert name of victim) in fear of imminent serious bodily injury;

2. that (insert name of victim) was a law-enforcement officer; and

3a. that the defendant knew that (insert name of victim) was a law-enforcement officer[2] acting in the performance of (his/her) duties or while in uniform or exhibiting evidence of (his/her) authority;[3] or

3b. that the defendant knew that (insert name of victim) was a law-

enforcement officer[4] and purposely committed the act against (him/her) because of (his/her) status as a law-enforcement officer.

The first element that the State must prove beyond a reasonable doubt is that the defendant purposely attempted by physical menace to put (insert name of victim) in fear of imminent serious bodily injury.

Serious bodily injury means bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.[5]

Imminent means likely to happen without delay.[6]

Physical menace means a threatening of harm by physical conduct, and not merely by words.

A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a persons 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 a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.[7]

Purpose is a condition of the mind that cannot be seen and that can often 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 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.

The second element that the State must prove beyond a reasonable doubt is that (insert name of victim) was a law-enforcement officer.

A law-enforcement officer is any person who is employed as a permanent full-time member of any State, county or municipal law-enforcement agency, department or division of those governments and who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention or rehabilitation of persons violating the criminal laws of this state.[8]

The third element that the State must prove beyond a reasonable doubt is:

a. that the defendant knew that (insert name of victim) was a law-enforcement officer acting in the performance of (his/her) duties or while in uniform or exhibiting evidence of (his/her) authority; or

b. that the defendant knew that (insert name of victim) was a law-enforcement officer and purposely committed the act against (him/her) because of (his/her) status as a law-enforcement officer.

I have already instructed you on the meaning of a purposeful state of mind. That definition also applies to this element.

A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if a person is aware that his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/her conduct if a person is aware that it is practically certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts.[9]

Like purpose, knowledge is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts.

If you find that the State has proven every element beyond a reasonable doubt, then you must find the defendant guilty. If, however, the State has failed to prove any element beyond a reasonable doubt, then you must find him/her not guilty.

(Where appropriate charge simple assault as a lesser offense.)[10]



[1] This charge is drafted for the most common situation, where a defendant is charged with aggravated assault upon a law enforcement officer under N.J.S.A. 2C:12-1b(5)(a). Other sections of the statute apply, with differing language, to aggravated assault upon paid and volunteer firemen; emergency first-aid and medical personnel; school board members, school administrators, teachers and other employees of a school board; employees of the Division of Youth and Family Services; the judiciary; and bus drivers and railroad employees. N.J.S.A. 2C:12-1b(5)(b) to (g). As always, the Model Charge must be adapted to fit the facts of each case.

[2] State v. Green, 318 N.J. Super. 361, 376 (App. Div. 1999), affd o.b., 163 N.J. 140 (2000) (the defendant must know that the victim is a law-enforcement officer).

[3] If transferred intent is an issue, the charge should be modified accordingly. State in the Interest of S.B., 333 N.J. Super. 236, 243 (App. Div. 2000).

[4] State v. Green, supra.

[5] N.J.S.A. 2C:11-1b.

[6] Cf. the Model Charge for Terroristic Threats (N.J.S.A. 2C:12-3b).

[7] N.J.S.A. 2C:2-2b(1).

[8] N.J.S.A. 40A:14-152.2.

[9] N.J.S.A. 2C:2-2b(2)

[10] N.J.S.A. 2C:12-1a.


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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.KennethVercammen.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.