Approved 12/13/99
The defendant (Name) is charged in count with the crime of aggravated assault. The indictment alleges:
The statute upon which this charge is based provides:
A person is guilty of aggravated assault if he/she causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of [another statute defining the offense of eluding]…
In order for you to find the defendant guilty of this crime the State must prove the following elements beyond a reasonable doubt:
1. That defendant caused bodily injury to another person;
and
2. That defendant did so while fleeing or attempting to elude a law enforcement officer in violation of the statute defining the eluding offense.
In conclusion, the two elements the State must prove beyond a reasonable doubt are:
1. That defendant caused bodily injury to another person;
and
2. That defendant did so while fleeing or attempting to elude a law enforcement officer in violation of the statute defining the eluding offense.
If you are satisfied that the State has proven both of these elements beyond a reasonable doubt, then you must find the defendant guilty of aggravated assault. However, if you are not convinced that each of the elements has been proven beyond a reasonable doubt, then you must find the defendant not guilty.
[1] N.J.S.A. 2C:11-1a.
[2] N.J.S.A. 2C:2-3e.
[3] State v. Martin, 119 N.J. 2 (1990).
[4] This charge is drafted for the typical situation in which the predicate offense of eluding a law enforcement officer in violation of N.J.S.A. 2C:29-2b will also have been charged in the indictment. In other situations, the charge will have to be modified to incorporate the eluding charge in full.