Charges involving alleged injury, threatened harm, stalking, or harassment can turn on the precise words used, the surrounding circumstances, the level of injury, the claimed mental state, and the particular statutory subsection charged. The State must prove every element of the charged offense beyond a reasonable doubt.
Simple Assault
Simple assault is governed by N.J.S.A. 2C:12-1(a). The statute contains several alternative theories.
- attempted to cause bodily injury, or purposely, knowingly, or recklessly caused bodily injury to another;
- negligently caused bodily injury to another with a deadly weapon; or
- attempted by physical menace to put another in fear of imminent serious bodily injury.
The precise theory charged controls the elements that must be proved.
Aggravated Assault
Aggravated assault under N.J.S.A. 2C:12-1(b) contains many different subsections. The exact indictment or complaint matters.
- attempting to cause serious bodily injury, purposely or knowingly causing serious bodily injury, or recklessly causing serious bodily injury under circumstances manifesting extreme indifference to human life; and
- attempting to cause, or purposely or knowingly causing, bodily injury with a deadly weapon.
Other subsections address particular victims, weapons, conduct, and circumstances and may carry different grades.
Terroristic Threats
N.J.S.A. 2C:12-3 contains two separate crimes. Under subsection (a), the State must prove a threat to commit a crime of violence and the required mental state. Current New Jersey law also requires an objective assessment of whether an ordinary person similarly situated to the alleged victim would view the communication as threatening violence.
- a threat to commit a crime of violence;
- words or conduct that, viewed in context, would convey menace or fear of a crime of violence to an ordinary person similarly situated to the alleged victim; and
- the purpose to terrorize, cause evacuation, or cause serious public inconvenience, or the form of recklessness permitted by current law for the charged theory.
Under subsection (b), the State must prove a threat to kill, made with the purpose to place another in imminent fear of death, under circumstances reasonably causing the victim to believe the threat was immediate and likely to be carried out.
Stalking
Stalking is governed by N.J.S.A. 2C:12-10. A course of conduct generally means repeated conduct, and the statute defines “repeatedly” as two or more occasions.
- purposefully or knowingly engaged in a course of conduct;
- directed that course of conduct at a specific person; and
- the course of conduct would cause a reasonable person similarly situated to fear for his or her safety or the safety of a third person, or suffer other emotional distress.
Harassment
Criminal harassment under N.J.S.A. 2C:33-4 requires a purpose to harass. The statute then identifies several different forms of conduct that may satisfy the act element.
- a communication made anonymously, at extremely inconvenient hours, in offensively coarse language, or in another manner likely to cause annoyance or alarm;
- striking, kicking, shoving, other offensive touching, or a threat to do so; or
- a course of alarming conduct or repeated acts committed with purpose to alarm or seriously annoy another.
The purpose to harass is a separate element and often becomes a central issue.
What the Defense Looks At
These cases often require close attention to context, credibility, recordings, text messages, prior communications, injury evidence, self-defense or other justification issues, the meaning of particular words, and whether the State can prove the required mental state rather than merely an argument, insult, accident, or ambiguous statement.