Aggravated Assault Under N.J.S.A. 2C:12-1(b)(11)

Count ______ of the indictment charges the defendant with aggravated assault by use of a laser sighting system or device against a law enforcement officer.

(Read Count of Indictment)

The defendant is accused of violating a law that provides as follows:

A person is guilty of aggravated assault if he/she [u]ses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority.

For you to find the defendant guilty of this charge, the State must prove the following elements beyond a reasonable doubt:

1. that the defendant knowingly used or activated a laser sighting system or device, or a device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device; and

2. that the defendant knowingly used the laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a person who he/she knew was a law enforcement officer acting in the performance of his/her duties while in uniform or exhibiting evidence of his/her authority.

Jonathan Marshall is the managing partner of the Law Offices of Jonathan F. Marshall, the largest New Jersey criminal defense law firm with a team of more than 20 experienced lawyers handling criminal and DWI matters exclusively. He and his team have been defending individuals accused of a wide variety of municipal court, state and federal criminal offenses since 1993. Jonathan has served as a commentator for the press and a legal consultant on TV shows, drawing on his extensive knowledge of criminal law and NJ courts.