Revised 03/21/05
AGGRAVATED ASSAULT
(N.J.S.A.
2C:12-1b(4))
Count of the
indictment charges defendant with Aggravated Assault by
Pointing a Firearm. The statute upon which this count of
the indictment is based reads, in pertinent part, as
follows:
[An actor] is guilty of aggravated
assault if he [or she] knowingly, under circumstances
manifesting extreme indifference to the value of human life,
points a firearm…at or in the direction of another whether
or not the actor believes it to be loaded.
In order for you to find
the defendant guilty of this count of the indictment, the
State must prove the following elements beyond a reasonable
doubt:
First: that the defendant knowingly pointed
a firearm at or in the of another whether or not the
defendant believed it to be loaded;
Second: that the defendant acted under
circumstances that manifested extreme indifference to the
value of human life.
A firearm is defined as any pistol, revolver,
rifle … etc. (See footnote definition and use appropriate
portion thereof as facts dictate).
A person acts knowingly with respect to the
nature of (his/her) conduct or the attendant circumstances f
the person is aware that (his/her) conduct is of that
nature, or that such circumstances exist or the person is
aware of a high probability of their existence. A person
acts knowingly with respect to a result of (his/her) conduct
if the person is aware that it is practically certain that
(his/her) conduct will cause such a result. In other words,
to satisfy this element, the State must prove beyond a
reasonable doubt that when the defendant pointed the
firearm, the defendant was aware that (he/she) was doing so
or was aware that it was highly probable that (his/her) act
would result in the pointing of the firearm in such a
fashion.
[NOTE: When the actual person at whom or in whose
direction the firearm is pointed is one other than the
intended victim, add:
It
is immaterial that (name of victim) was not the intended
victim so long as the other elements of this crime have been
proven to you beyond a reasonable doubt.)
Furthermore, it is
unnecessary for the State to prove that the defendant
believed the firearm was loaded.
The second
element the State must prove beyond a reasonable doubt is
that the defendant acted under circumstances that manifest
extreme indifference to the value of human life. The phrase
“under circumstances manifesting extreme indifference to the
value of human life” does not focus on defendant’s state of
mind, but rather on the circumstances under which you find
the defendant acted. The State must prove beyond a
reasonable doubt that defendant acted in a way that showed
that the defendant was indifferent to whether or not the
victim or another lived or died, that is, the defendant
acted in a way which showed that defendant did not care that
someone might be killed.
To summarize,
the State must prove two elements beyond a reasonable doubt
in order for you to find the defendant guilty of this count:
(1) That the
defendant knowingly pointed a firearm at or in the direction
of another whether or not the defendant believed it to be
loaded;
(2) That the
defendant acted under circumstances manifesting extreme
indifference to the value of human life.
If you are
satisfied that these two elements have been proven to you
beyond a reasonable doubt, then you must find the defendant
guilty. If you are not satisfied that the State has proven
these two elements beyond a reasonable doubt then you must
find the defendant not guilty.
