Aggravated Assault
New Jersey Statutes Annotated 2C:12-1(b): Aggravated Assault
A person is guilty of aggravated assault if he:
- Attempts to cause serious bodily injury to another, or causes serious bodily injury to another:
- Purposely; or
- Knowingly; or
- Recklessly, under circumstances manifesting extreme indifference to the value of human life; or
- Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
- Recklessly causes bodily injury to another with a deadly weapon; or
- 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; or
- Commits a simple assault upon:
- Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or
- Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or
- Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or
- Any school board member, school administrator, teacher, school bus driver or other employee of a school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a school board or any school bus driver employed by an operator under contract to a school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or
- Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or
- Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or
- Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or
- Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in a motor vehicle or while operating a stolen motor vehicle; or
- Attempts to cause significant bodily injury to another or causes significant bodily injury:
- Purposely; or
- Knowingly; or
- Recklessly, under circumstances manifesting extreme indifference to the value of human life; or
- Causes bodily injury by knowingly or purposely starting a fire or causing an explosion which results in bodily injury to any emergency services personnel; or
- Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, at or in the direction of a law enforcement officer; or
- Knowingly 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; or
- Uses 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.
Aggravated assault where a person attempts to cause bodily injury to another person or while attempting to elude a law enforcement officer or eluding an officer in a stolen motor vehicle is a crime of the second degree and is punishable by:
- Imprisonment for five to ten years;
- A fine of up to $150,000; or
- Both.
The aggravated assaults involving the “knowing or purposeful” use or attempted use of deadly weapons, firearms, or imitation firearms are crimes of the third degree, punishable by:
- Imprisonment for three to five years;
- A fine of up to $15,000; or
- Both.
Aggravated assault where a person recklessly causes bodily injury to another with a deadly weapon; or 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; is a crime of the fourth degree and is punishable by:
- Imprisonment for up to 18 months;
- A fine of up to $10,000; or
- Both.
Aggravated assault where a person commits a simple assault upon a public official or public servant:
- Is a crime of the third degree if the victim suffers bodily injury, and is punishable by:
- Imprisonment for three to five years;
- A fine of up to $15,000;
- Or both;
- Is a crime of the fourth degree if the victim does not suffer bodily injury, and is punishable by:
- Imprisonment for up to 18 months;
- Fine of up to $10,000; or
- Both.
Aggravated assault involving a fire or explosion which results in bodily injury to any emergency services personnel:
- Is a crime of the third degree if the victim suffers bodily injury, and is punishable by:
- Imprisonment for three to five years;
- A fine of up to $15,000; or
- Both.
- Is a crime of the second degree if the victim suffers significant bodily injury or serious bodily injury, and is punishable by:
- Imprisonment for five to ten years;
- A fine of up to $150,000; or
- Both.
Aggravated assault using a laser sighting system or device against a law enforcement officer is a crime of the third degree and punishable by:
- Imprisonment for three to five years;
- A fine of up to $15,000;
- Both.
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