New Jersey Criminal Assault Charges

 

            In order for you to find the defendant guilty of this crime the State must prove the following elements beyond a reasonable doubt:

 

                                    1.         That defendant caused bodily injury to another person;

                                                and

                                    2.         That defendant did so while fleeing or attempting to elude a law enforcement officer in violation of the statute defining the eluding offense.

 

            Bodily injury is defined as physical pain, illness or any impairment of physical condition.[1]  In order to find that the defendant caused bodily injury to (victim), you must find beyond a reasonable doubt, first, that (victim) would not have been injured but for defendant's conduct, and, second, that the bodily injury was a probable consequence of the defendant’s conduct.[2] A probable consequence is one which is not too remote, accidental in its occurrence or too dependent on the conduct of another to have a just bearing on defendant's liability or the

 

gravity of his offense.[3]

            I have already instructed you on the crime of eluding, and you should apply those instructions here to determine whether the State has proven beyond a reasonable doubt that defendant was fleeing or attempting to elude a law enforcement officer.[4]

            In conclusion, the two elements the State must prove beyond a reasonable doubt are:

                                    1.         That defendant caused bodily injury to another person;

                                                and

                                    2.         That defendant did so while fleeing or attempting to elude a law enforcement officer in violation of the statute defining the eluding offense.

 

            If you are satisfied that the State has proven both of these elements beyond a reasonable doubt, then you must find the defendant guilty of aggravated assault. However, if you are not convinced that each of the elements has been proven beyond a reasonable doubt, then you must find the defendant not guilty.