The primary issue in this appeal is whether the court that sentenced defendant Thomas Kromphold impermissibly considered elements of the offense of aggravated assault as aggravating factors for sentencing purposes. Niles is charged with aggravated assault-circumstances manifesting extreme indifference to the value of human life, a first-degree felony; strangulation, a second-degree felony; simple assault… Typically if you are being charged with aggravated assault, one or more of the following may have occurred. The opinion of the Court was delivered by STEIN, J. [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.
The aggravated assault charges are naturally more severe as they tend to involve premeditated criminal acts, extreme disregard for human safety or life, or assault of especially fragile individuals. Serious bodily injury to another; or B. Bodily injury to another with use of a dangerous weapon; or C. Bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Such circumstances include, but are not limited to, the number, location or nature of the injuries, the manner or method inflicted, the observable physical condition of the victim or the use of strangulation. Recklessly display extreme indifference to human life. C. Bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Title 17-A, §208 Aggravated assault. A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, 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. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes: A.
Aggravated Assault 1.
In New Jersey, there are a number of ways that aggravated assault is differentiated from simple assault. Under this law, a person commits the crime of aggravated assault under the following circumstances and more: Attempts to cause serious bodily injury to another person or causes such injury knowingly or purposely or under circumstances that manifest extreme indifference to the value of human life, recklessly causing such injury; or Causing serious bodily injury to another person by engaging in reckless behavior demonstrating extreme indifference to human life. The N.J.S.A.
Knowingly pointing a firearm at or in the direction of another person under circumstances that manifest extreme indifference to of human life. Aggravated Assault.
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