Charged With Aggravated Assault With a Deadly Weapon
There are a wide variety of objects that can be considered “deadly weapons” so it is not uncommon to have one involved in an assault offense. While there often is no intention to use the item as a weapon, there are instances where it ends up used in a physical encounter. If you find yourself charged with an assault involving a deadly weapon, whether intention or unintential, our defense lawyers have the experience to make sure you have the best chance of avoiding a potentially catastrophic conviction. Our team of experienced criminal defense attorneys is comprised of former prosecutors and has over 100 years of combined experience in defending the people against criminal charges in Monmouth County, including assault with a deadly weapon. If you were arrested for allegedly assault someone with a weapon in a Monmouth County municipality like Asbury Park, Belmar, Eatontown, Holmdel or Manalapan, we definitely can help you. Call our Red Bank Office or Freehold Office now for the assistance you are looking for.
New Jersey Assault with a Deadly Weapon Charges
Assault with a deadly weapon can come in the form of a disorderly persons offense or an indictable crime. This offense is a disorderly persons offense under N.J.S.A. 2C:12-1(a)(2), that is, a simple assault, where the accused negligently causes bodily injury to another with a deadly weapon. The charge is enhanced to a felony indictable crime, coming in the form of an aggravated assault under N.J.S.A. 2C:12-1(b)(2), (3) and (4) where someone 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 the 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.
- Attempt to Cause Bodily Injury with a Deadly Weapon. It is a third degree offense when the defendant attempts to cause bodily injury to another with a deadly weapon. The state must prove that the defendant intended to cause bodily injury to another while using a deadly weapon.
- Purposely or Knowingly Causing Bodily Injury with a Deadly Weapon. It is a third degree offense to purposefully or knowingly cause bodily injury to another with a deadly weapon. The state need only prove that the defendant acted with purpose or knowledge and that some form of bodily injury resulted from the defendant’s conduct.
- Recklessly Causing Bodily Injury with a Deadly Weapon. It is a fourth degree offense where the defendant recklessly causes bodily injury to another with a deadly weapon. An automobile is not a deadly weapon for purposes of this offense.
Pointing Firearms. It is a fourth degree aggravated assault when the defendant knowingly points a firearm at or in the direction of another whether or not the defendant believes the firearm to be loaded when the defendant under the circumstances manifests extreme indifference to the value of human life. This does not include the pointing of deadly weapons in general, but rather only firearms. If the defendant pointed a firearm at a law enforcement officer he is subject to a third degree charge.
No Early Release Act (NERA). New Jersey has adopted strict parole ineligibility guidelines for those found guilty of violent crimes. NERA, the No Early Release Act, mandates that offenders serve eight five (85) percent of their sentence before they are eligible for parole. NERA applies to assault with a deadly weapon charges. Because of this mandated severe penalty, you must employ the services of an attorney before appearing in court. Call the Law Offices of The Law Offices of Jonathan F. Marshall today so that his experience criminal defense team can defend you against these serious charges. Regardless of where you are located in Monmouth County, we are prepared to defend you against your charge.
Freehold Assault With A Deadly Weapon Defense Attorneys
All deadly weapon assault charges are indictable offenses of the second or third degree. What this means is that this variety of assault offense can only be dealt with in Freehold at the Superior Court. Mr. Marshall began his career in 1992 at the Freehold Courthouse and has made thousands of appearances in the Criminal Division since then. There are others in the firm with similar experience and even more. We are ready to review the circumstances of your arrest in Colts Neck, Hazlet, Howell, Tinton Falls, or Middletown and to develop a plan for you to escape the penalties of a conviction. Attorneys are available immediately to help you.