Somerset County NJ Assault with a Weapon Lawyer
Verbal arguments are going to happen and at times they will turn physical, that is just a part of life. As a result, like everything else in life, there are consequences for your actions. The courts take assault charges very seriously but they taken an even more aggressive approach when it is alleged that the Defendant used a deadly weapon during the assault. Heated verbal arguments and fist fights are one thing but when a weapon is introduced into the equation, things quickly go from bad to worse. In addition, aggravated assault with a deadly weapon is usually a tack on charge as well. In other words, a Defendant charged with assault with a deadly weapon also tends to find themselves being charged with aggravated assault, terroristic threats, simple assault, unlawful possession of a weapon, possession of a weapon for unlawful purpose and if it involved an act that has been classified as an “act of domestic violence”, a Defendant may also be served with a temporary restraining order (TRO).
If you or a loved one has been placed under arrest and charged with aggravated assault with a deadly weapon in Somerset or Hunterdon County, the Keith Oliver Criminal Law can help. Our attorneys have dedicated their entire careers to defending those accused of serious indictable offenses in courts throughout the State. Our attorneys are well aware of the potential ramifications and consequences in which they may have on not only a Defendant but their family as well. If you would like to set up a free initial consultation today, then please contact our office at 908.533.1064. Time tends to be of the essence with these types of charges. Do to the severity of the charges, the prosecution may seek to file for what is known as a Detention Hearing for anyone facing this type of offense. If that is to occur, the prosecution will be seeking to convince the Judge that the Defendant must be detained in the Somerset County Jail, without bail, pending trial.
Charged with Assault with a Deadly Weapon in New Jersey?
Aggravated Assault with a Deadly Weapon is a governed under NJSA 2C:12-1b(2). As you will see below, the legislature choose to break this offense into two different subsections. The first covers a situation where it is alleged that the Defendant caused bodily injury to another with a deadly weapon in a purposely or knowingly manner. A Defendant charged under this subsection will be facing a third degree felony offense. The second subsection covers a situation where in which the Defendant caused bodily injury to another while acting in a reckless manner. Under this subsection, the Defendant will be facing a fourth degree indictable offense.
What is a Deadly Weapon?
The first question that most ask is “What is Considered a Deadly Weapon”? A deadly weapon has been defined as “any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury”. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
What is Bodily Injury?
The second question that most ask is “What is considered Bodily Injury”? Pursuant to NJSA 2C:11-1a, bodily injury has been defined as “physical pain, illness, or any impairment of the physical condition of another.”
What Must the Prosecution Prove? Is there Jail Time?
In order to be convicted of aggravated assault with a deadly weapon in the third degree, the prosecution must prove the following three elements:
- That the Defendant caused bodily injury to another;
- That the Defendant caused said injury by using of a deadly weapon; &
- That the Defendant acted purposely or knowingly.
If convicted of this offense, the Defendant would be facing up to five years in a State Prison, a fine up to $15,000 as well as being labeled as a convicted felony.
In order to be convicted of aggravated assault with a deadly weapon in the fourth degree, the prosecution must prove the following three elements:
- That the Defendant caused bodily injury to another;
- That the Defendant caused said injury by using of a deadly weapon; &
- That the Defendant acted recklessly.
If convicted under this subsection, the Defendant would be facing up to eighteen months in a State Prison, a fine up to $10,000 as well as being labeled as a convicted felony.
Hunterdon County NJ Aggravated Assault with a Deadly Weapon Attorney
Being charged with a criminal offense, especially something as serious as aggravated assault with a deadly weapon can be extremely stressful. That is why we strongly recommend that you contact an experienced New Jersey criminal defense attorney as soon as possible to discuss your options. To speak to one of the criminal defense attorneys on staff at Proetta & Oliver, please feel free to contact our office at 908.533.1064. Our office serves all of Somerset and Hunterdon County, including towns like Bound Brook, Bridgewater, Flemington, Somerville, Hillsborough, Manville, Clinton and Plainfield.