plan. State v. Maddox, 153 N.J. Super. 201, 207 (App.
Div. 1977).
D. Double Jeopardy (See also, DOUBLE JEOPARDY, this Digest)
It was error for the trial court to grant defendant’s
motion for dismissal of the complaints at the close of
State’s case, inasmuch as the evidence that the juvenile
defendant threw a stone through the window of the
victim’s building constituted a violation of N.J.S.A.
2C:17-3a(1); furthermore, the State is not precluded
from reprosecution on double jeopardy grounds. State in
the Interest of S.Z., 177 N.J. Super. 32, 35-36 (App. Div.
1981).
Defendant was not subjected to double jeopardy
where he was found guilty by a jury of the indictable
offense of atrocious assault and battery following a
conviction in municipal court for malicious injury to
property, inasmuch as the acts of damaging a door and
stabbing the victim were separate and distinct and
constituted two offense. State v. Dutton, 112 N.J. Super.
402, 405 (App. Div. 1970), certif. denied, 57 N.J. 434
(1971).
IX. TRAFFIC SIGN ALTERATION
As of July 10, 1998, a person who purposely,
knowingly, recklessly, or negligently removes, injures, or
defaces a traffic sign or signal is guilty of a disorderly
persons offense. N.J.S.A. 2C:17-3.1.
X. MOTOR VEHICLE IDENTIFICATION ALTERATION
A person who for an unlawful purpose removes,
defaces, alters, changes, destroys, or obliterates any motor
vehicle trademark or identification number is guilty of a
third-degree crime. N.J.S.A. 2C:17-6.
XI. DAMAGE TO NUCLEAR PLANTS
A person who purposely or knowingly damages or
tampers with a nuclear plant with either the intent to
release radiation or which results in the release of
radiation commits a crime. N.J.S.A. 2C:17-7 et seq.
ASSAULTASSAULTASSAULTASSAULTASSAULT
(For sexual assaults, see
SEX OFFENSES, this Digest)
I. INTRODUCTION
N.J.S.A. 2C:12-1 encompasses the offenses of simple
assault, aggravated assault, assault by auto or vessel,
simple assault by certain persons against an
institutionalized elderly individual and simple assault
committed because of race, color, religion, gender,
handicap, sexual orientation or ethnicity. The offense of
assault can be committed purposely, knowingly,
recklessly or negligently.II. TYPES OF ASSAULT AND THE CONSTITU-
ENT ELEMENTS
A. Simple Assault [N.J.S.A. 2C:12-1a(1)-(3)]A person is guilty of simple assault if he or she: “(1)
Attempts to cause or purposely, knowingly or recklessly
causes bodily injury to another; or (2) Negligently causes
bodily injury to another with a deadly weapon; or (3)
Attempts by physical menace to put another in fear of
imminent serious bodily injury.”Bodily injury means physical pain, illness or any
impairment of physical condition. N.J.S.A. 2C:11-1a.
Deadly weapon includes any firearm or other weapon,
device, instrument, material or substance, whether
animate or inanimate, which in the manner it is used or
is intended to be used, is known to be capable of
producing death or serious bodily injury or which in the
manner it is fashioned would lead the victim reasonably
to believe it to be capable of producing death or serious
bodily injury. N.J.S.A. 2C:11-1c. Serious bodily injury
is bodily injury which creates a substantial risk of death
or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of any
bodily member or organ. N.J.S.A. 2C:11-1b.Simple assault is a disorderly persons offense, unless
committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons
offense. See N.J.S.A. 2C:43-8.Although “[n]ot much is required to show bodily
injury,” an offensive touching will not always rise to the
level of intentional assaultive behavior, and all
surrounding facts and circumstances must be considered.