Aggravated Assault Under N.J.S.A. 2C:12-1(b)(10)

Count of this indictment charges the defendant with the crime of aggravated assault.

(READ INDICTMENT)

The applicable statute provides, in pertinent part, that:

A person is guilty of aggravated assault if he … (k)nowingly points, displays or uses an imitation firearm … at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.

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

1. that the defendant knowingly pointed, displayed or used an imitation firearm at or in the direction of a law enforcement officer;

2. that the defendant knew that the person was a law enforcement officer; and

3. that the defendant acted with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.

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.