Approved 10/17/88
The defendant (name) is charged with the crime of aggravated assault in that defendant allegedly
Defendant is accused of violating our law, particularly N.J.S.A. 2C:12-1b(2) (or) 2C:12-1b (3). That section reads in pertinent part as follows:
2C:12-1b(2) - A person is guilty of aggravated assault if he purposely or knowingly causes bodily injury to another with a deadly weapon.1
2C:12-1b(3) - A person is guilty of aggravated assault if he recklessly causes bodily injury to another with a deadly weapon.
In order for you to find the defendant guilty of this offense the state must prove the essential elements of this crime beyond a reasonable doubt. Those elements are as follows:
1. that the defendant did in fact cause bodily injury to another;
2. that the defendant caused the bodily injury by use of a deadly weapon;
3. that the defendant acted purposely, knowingly (or when facts require....recklessly).2
Bodily injury is defined as physical pain, illness, or any impairment of the physical condition of another.3
Deadly Weapon is defined as 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.4
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 with respect to attendant circumstances if the individual is aware of the existence of such circumstances or the individual 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 (he/she) really means to do what (he/she) does.
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 of a person is aware that 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 one comprehends (his/her) acts.
A person acts recklessly with respect to a material element of an offense (serious bodily injury) when a person consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the person's conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to the actor its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. One is said to act recklessly if one acts with recklessness, with scorn for the consequences, heedlessly, foolhardily.
(Note: 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.5
Therefore, to summarize the state must prove that the defendant (either purposely or knowingly) (recklessly) caused bodily injury to another by use of a deadly weapon.
If you are satisfied beyond a reasonable doubt that the state has met its burden of proof then you have a duty to convict the defendant of this offense. On the other hand if you find that any one or more of the elements of this crime has not been proven to you beyond a reasonable doubt, then it is equally your duty to acquit the defendant, to find (him/her) not guilty.
(Where appropriate, charge the lesser included offense of simple assault)6
(Note: If the affirmative defense of Self Defense is raised as an issue, see Model Charge for N.J.S.A. 2C:3-4.)
1 The statute also includes "attempts to cause" as to subsection 2. If facts require charge Model Charge on Attempt along with this charge, see N.J.S.A. 2C:5-1a.
2 This section does not include the words "under circumstances manifesting extreme indifference to the value of human life." The definition of deadly weapon seems to incorporate this concept within its meaning.
4 N.J.S.A. 2C:11-1c and if necessary see 2C:11-1b for definition of serious bodily injury.
5 N.Y. Model Charge. PL 120.00(1).
6 The lesser included offense of simple assault is found under N.J.S.A. 2A:12-1a(2). In defining simple assault as it pertains to negligently causing bodily injury to another with a deadly weapon:
The jury is asked to find whether the defendant negligently committed the bodily injury with a deadly weapon. The jury should be instructed that: One acts negligently with respect to a material element of an offense when (he/she) should be aware of a substantial and unjustifiable risk that the material elements exist or will result from (his/her) conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of (his/her) conduct and the circumstances known to (him/her) involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.