Assault With a Deadly Weapon
An aggravated assault charge is particularly serious when the offense involves allegations that the defendant was armed with a deadly weapon. Whether the violation involves a firearm, handgun, knife, bat or some other form of weapon for unlawful, this form of aggravated assault results in an indictable criminal offense that can only be handled in Trenton at the Mercer County Superior Court. A conviction results in significant consequences that include the potential for years in prison irrespective of the circumstance that resulted in your being arrested. This is definitely one of many reasons for you to take the time to select the best lawyer you can find. Here at The Law Offices of Jonathan F. Marshall, our staff includes multiple former prosecutors and a team of skilled attorneys that have been defending clients at the Mercer County Superior Court for over a century between us. If you were arrested in Hamilton, Trenton, Lawrence, Ewing, Princeton or another municipality for assault with a deadly weapon, an attorney at our firm is well equipped to protect your interests. To speak to one of our lawyers now, call 609–683–8102.Aggravated Assault With A Deadly Weapon Offense in Mercer County
There are multiple ways that a deadly weapon can come into play in Trenton if you were charged with aggravated assault under N.J.S.A. 2C:12-1(b). Specific reference to an assault with a deadly weapon is referenced in both subsection (2) and (3) of this law and is directed at someone who “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.” Involvement of a deadly weapon can also result in an aggravated assault conviction under other sections of the New Jersey Aggravated Assault Law. The following subheadings discuss the individual scenarios in which aggravated assault with a deadly weapon can arise:
- Attempt to Cause or Purposely or Knowingly Causes Bodily Injury With Deadly Weapon.It is a third degree crime to commit aggravated assault under 2C:12-1(b)(2). There are three elements that the prosecutor must prove in order to secure a conviction under this section. First, the actor must have either caused bodily injury or attempted to cause such an injury. Second, they used a “deadly weapon”. Third, the conduct of the accused must have been knowing, purposeful or involved a substantial step to culminate in the causing of the serious bodily injury. The penalties for intentionally attempting or causing an aggravated assault with a deadly weapon include up to a $15,000 fine and 5 years in state prison. In addition, the No Early Release Act (“NERA”) applies which makes it necessary for the defendant to serve at least 85% of the term of imprisonment before they can be considered for parole.
- Recklessly Causing Bodily Injury With A Deadly Weapon . This variety of aggravated assault is a fourth degree crime. In order to prove this pedigree of aggravated assault with a deadly weapon, the state must establish four elements beyond reasonable doubt. First, the victim must have suffered bodily injury. Second, the injury must have been caused by the accused. Third, the defendant’s conduct must have been reckless. Fourth, the actor must have utilized a deadly weapon. Fourth degree aggravated assault with a deadly weapon on 2C:12-1(b)(3) results in up to 18 months in prison and a fine that can reach $10,000. NERA also applies to this form of aggravated assault making it necessary for someone sentenced under this section to serve 85% of their prison sentence before being considered for parole.
- Aggravated Assault By Attempting or Knowingly or Purposely Causing Serious Bodily Injury.Attempting or intentionally causing serious bodily to another person is a second degree crime under 2C:12-1(b)(1). This is the case whether the conduct was accomplished using a deadly weapon or not. Second degree aggravated assault resulting under this section of the aggravated assault law does not require use of a deadly weapon although it can certainly result when such a device is involved. The penalties for second degree aggravated assault include a prison sentence of 5-10 years and a maximum fine of $150,000. The provisions of NERA apply here as well.
- Aggravated Assault by Attempting or Knowingly or Purposely Causing Significant Bodily Injury.It is a third degree crime to commit aggravated assault in this manner whether its with a deadly weapon or not. The penalties for this form of aggravated assault are identical to those which apply under subheading 1 above.
Hamilton Township is the most populated municipality in Mercer County so it is not shocking that there are numerous individuals charged with this form of aggravated assault. If you were arrested in Hamilton, East Windsor, Robbinsville, West Windsor, Hightstown, Hopewell or another location, an attorney at The Law Offices of Jonathan F. Marshall can help you escape a conviction. Our lawyers have over a century of combined experience representing clients just like you who have been charged with aggravated assault with a deadly weapon, possession of a weapon for unlawful purpose and other offenses at the Superior Court in Trenton. If you were arrested for charge of this nature anywhere in Mercer County, a lawyer on our staff is prepared to conduct an in depth review of your case and provide recommendations for reaching the very best result. Contact our Hamilton Office at 609–683–8102 for immediate assistance.