Assault With A Deadly Weapon
Charged With Aggravated Assault With a Deadly Weapon
When an individual possesses or uses anything that can be construed as a deadly weapon and it results in injury to another, they may be charged with aggravated assault. When is occurs, the accused is exposed to serious penalties under N.J.S.A. 2C:12-1(b). The severity of the consequences will vary depending upon the manner in which the person used the weapon. Notwithstanding, this offense is always a felony that can only be resolved at the Union County Superior Court, Elizabeth NJ. Whether you were arrested Plainfield, Union, Linden, Elizabeth, Hillside or another municipality, the charge will be sent to the county courthouse for resolution. Our lawyers have the skills and experience to appear with you in this court effectively. We are not only former prosecutors and seasoned defense lawyers who have handled thousands of assault cases but also happen to be very active in the court system in the county. An attorney with the qualifications you need can be reached in our Union NJ Office 24/7 at 908-272-1700.
Definition of “Deadly Weapon” Under New Jersey Law
A deadly weapon is defined as any firearm or other weapon, device, instrument, or substance, which in the manner it is used is known to be capable of producing death or serious injury, or in the manner it was used gave the victim the reasonable impression it could cause death or serious injury. Please note that this definition can be somewhat misleading given that it begins with reference to firearms and the like. Make no mistake, virtually anything can fall within the realm of a deadly weapon provided it is capable of being used to inflict serious injury or worse. Items such as bats, golf clubs, rods, knives, and can therefore constitute a deadly weapons when wielded in a certain manner.
Attempting to Cause Bodily Injury With a Deadly Weapon
It is a third degree crime to attempt to cause bodily injury to another with a deadly weapon. In order for the state to prove this variety of 2C:12-1(b) offense, it must be established, beyond reasonable doubt that the defendant: (1) purposely or knowingly, (2) attempt to cause, (3) bodily injury, (4) to another (5) with a deadly weapon. What is pivotal to remember with respect to this type of charge is that a violation can only arise where the accused intends (i.e. had the purpose) to cause injury. The No Early Release Act (“NERA”) applies to this form of aggravated assault.
Purposely or Knowingly Causing Bodily Injury With a Deadly Weapon
It is also a third degree crime to cause bodily injury with a deadly weapon. However, unlike an attempt, there is no requirement that the defendant possess a purpose to cause injury. The elements of this type of 2C:12-1(b) offense include: (1) a victim who has suffered bodily injury; (2) caused by the defendant; (3) with a deadly weapon; and (4) with conduct that was knowing or purposeful. NERA also attaches to this charge.
Recklessly Causing Bodily Injury With A Deadly Weapon
It is a fourth degree crime to recklessly cause bodily injury with a deadly weapon. This pedigree of aggravated assault often arise in the context of reckless operation of a motor vehicle. The fundamental requirement that comes into play with this offense is that the conduct of the defendant must be in “conscious disregard of a substantial and unjustifiable risk of injury” to others. NERA applies.
A third degree conviction triggers state prison exposure of up to five (5) years and a fine of $15,000. A fourth degree aggravated assault charge results in a maximum jail term of 18 months and up to $10,000 in fines. NERA requires that a defendant serve at least 85% of any prison sentence imposed.
Elizabeth NJ Aggravated Assault With a Deadly Weapon Defense Lawyer
All aggravated assault cases are, as previously stated, heard in Elizabeth at the Superior Court. The defense team at our Union County Criminal Firm is highly familiar with this court system having defended hundreds, if not thousands, of clients in the venue. If you were arrested in Cranford, Kenilworth, Springfield, Clark, Roselle or anywhere else in Union County for this offense, a lawyer with the qualifications you need is ready to defend you. Attorneys are available at The Law Offices of Jonathan F. Marshall around the clock for free consultations. Call us now at 908-272-1700 to speak to an attorney on our staff.