SIMPLE ASSAULT (Deadly Weapon)(Lesser Included)
(N.J.S.A.
2C:12-1a(2))
The law requires that the
Court instruct the jury with respect to possible (lesser)
included offenses, even if they are not contained in the
indictment. Just because the Court is instructing you concerning
these offenses does not mean that the Court has any opinion one
way or another about whether the defendant committed these, or
any, offenses. You should consider these offenses along with
those for which the defendant is indicted. However, you are not
to render a verdict on these offenses or answer the questions on
the verdict sheet unless you find that the State has failed to
meet its burden with regard to the offense(s) in the indictment.
Simple assault is
a
lesser-included offense to count _____ of this indictment. The
statute which defines simple assault provides that:
A person
commits a simple assault if he/she negligently causes bodily
injury to another with a deadly weapon.
In order for you to convict the defendant of this
offense, the State must prove the following elements beyond a
reasonable doubt:
1.
that the defendant caused bodily injury to NAME OF
VICTIM (or another);
2.
that the defendant caused the bodily injury by use of a
deadly weapon;
3. that the defendant acted negligently.
The first element the State must prove beyond a reasonable doubt
is the defendant caused bodily injury to another.
Bodily Injury is defined as physical pain, illness, or any
impairment of the physical condition of another.
The second element the State must prove beyond a reasonable
doubt is the defendant caused the bodily injury by use of a
deadly weapon.
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.
The third element the State must prove beyond a
reasonable doubt is the defendant acted negligently.
A person acts negligently with respect to causing bodily injury
when he/she should be aware of a substantial and unjustifiable
risk that the material element exists 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 circumstance known to
him/her, involves a gross deviation from the standard of care
that a reasonable person would observe in the actor's situation.
A person is said to act negligently if the person acts with
carelessness, when compared to how a reasonable person should
act under the circumstances as they exist at the time of the
assault.
If you
find that the State has proved each element of the offense
beyond a reasonable doubt, then you must find the defendant
guilty. If, however, you find that the State has failed to prove
any element of the offense beyond a reasonable doubt, then you
must find the defendant not guilty.
