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

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.