New Jersey Criminal Assault Charges
SIMPLE ASSAULT (Physical Menace/Substantial Step)
(Lesser
Included)
(N.J.S.A.
2C:12-1a(3))
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 attempts, by physical menace, to put another in fear
of imminent serious bodily injury.
In
order for you to find the defendant committed a simple assault, the
State must prove, beyond a reasonable doubt:
1.
that the defendant purposely attempted to put (NAME OF VICTIM)
in fear of imminent serious bodily injury.
2. that the defendant did so by physical menace.
The first element that the State must prove is that the
defendant purposely attempted to put (NAME OF VICTIM) in fear
of imminent serious bodily injury.
Serious bodily injury means bodily injury which 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.
Imminent means likely to happen without delay.
In order to find that the defendant attempted to put
another in fear of imminent serious bodily injury, you must find
that he/she did so purposely.
A
defendant acts purposely with respect to the nature of (his/her)
conduct or a result thereof if it is (his/her) 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 (he/she)
is aware of the existence of such circumstances or (he/she) believes
or hopes that they exist.
Purpose is a condition of the mind which cannot be seen and can only
be determined by inferences from conduct, words or acts. It is not
necessary for the State to produce a witness or witnesses who could
testify that the defendant stated, for example, that (his/her)
purpose was to put the victim in fear of imminent bodily injury.
It is within your power to find that proof of purpose has been
furnished beyond a reasonable doubt by inferences which may arise
from the nature of the acts and the surrounding circumstances.
An attempt occurs, in the context of this charge, if the
defendant purposely does or omits to do anything which, under the
circumstances as a reasonable person would believe them to be, is an
act or omission constituting a substantial step in the course of
conduct planned to culminate in (his/her) putting the victim in
imminent fear of serious bodily injury.
To
find the that the defendant committed a simple assault by attempting
to put (NAME OF VICTIM) in imminent fear of serious bodily
injury by physical menace, the State must prove beyond a reasonable
doubt that the defendant had the purpose to put the victim in
imminent fear of serious bodily injury. The State must also prove
beyond a reasonable doubt that the defendant purposely did or
omitted to do anything, which, under the circumstances as a
reasonable person would believe them to be, is an act or omission
that is a substantial step in the course of conduct planned to
culminate in (his/her) putting the victim in fear of imminent
serious bodily injury. However, the step taken must strongly show
the defendant’s criminal purpose. That is, the step taken must be
substantial and not just a very remote preparatory act, and must
show that the accused has a firmness of criminal purpose.
The second element the State must prove beyond a
reasonable doubt is the defendant attempted to put NAME OF VICTIM
in fear of imminent serious bodily injury by physical menace.
The State must prove beyond a reasonable doubt that the
defendant attempted to put the victim in imminent fear of serious
bodily injury by means of physical menace. Physical menace is
accomplished through an act or acts which are physically threatening
acts.
Words alone are insufficient to constitute physical menace.
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.
See the Model Charge for terroristic threats
(N.J.S.A. 2C:12-3b).
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