Freehold NJ Aggravated Assault with a Deadly Weapon Lawyer
Fist fights are going to happen, that is just a part of life but when a weapon is introduced into the fight, things can quickly get out of hand. If a weapon is used and/or brandished during the fight, the individual will be charged with aggravated assault with a deadly weapon. That is a felony offense in New Jersey and as you will see below, if convicted of that charge alone, a Defendant could be facing up to five years in a prison. With that being said, most Defendants charged with aggravated assault with a deadly weapon are also usually charged with aggravated assault, possession of a weapon and possession of a weapon for unlawful purpose as well. In addition, based on the new bail guidelines, a Defendant charged with this type of offense could end up being detained in the Monmouth County Jail, without bail, pending trial. But before that can happen, the prosecution must file for and be successful at what is known as a Detention Hearing. During this hearing, the prosecution will be seeking to convince the Judge that in order to protect society, prevent the Defendant from obstructing the prosecution of their case and/or to assure the Defendant’s appearance at court, they must be detained without bail. For more information on Detention Hearing’s in New Jersey please feel free to contact us at 732.858.6959.
The Monmouth County criminal defense lawyers at Keith Oliver Criminal Law have been defending clients accused of aggravated assault, aggravated assault with a deadly weapon, eluding, simple assault and terroristic threats in courts throughout New Jersey for years now. If you would like to come into our Middletown Office to speak to one of our attorneys about your options then please contact us at 732.858.6959. We can go over the specific facts of your case and we will give you our honest feedback on how we think we can be of assistance. Our attorneys appear in courts throughout Monmouth County including courts throughout towns like Hazlet, Freehold, Keyport, Keansburg, Neptune, Asbury Park, Long Branch, Holmdel, Middletown and Ocean Township.
Aggravated Assault with a Deadly Weapon Attorneys in Wall NJ
All assault charges in New Jersey will be governed by NJSA 2C:12, including simple assault, aggravated assault, aggravated assault with a deadly weapon and assault by auto. The assault statute is rather complex and involves a wide range of potential conduct. Each potential conduct will be broken down into different subsections. Furthermore, those subsections will dictate what degree of assault a Defendant is actually charged with and that degree will then dictate what the potential penalties are. Aggravated assault with a deadly weapon offenses will be governed by NJSA 2C:12-1b(2) and NJSA 2C:12-1b(3) in New Jersey. The offense has in essence been broken down into two different subsections. The difference between the two different subsections revolves around the underlying intent of the Defendant. Here is what the prosecution must prove in order to obtain a conviction for this type of offense.
NJSA 2C:12-1b(2): Aggravated Assault with a Deadly Weapon Charges (Purposely and/or Knowing Conduct)
- That the Defendant caused bodily injury to another;
- That the Defendant caused the bodily injury by use of a deadly weapon; &
- That the Defendant acted purposely or knowingly.
NJSA 2C:12-1b(3): Aggravated Assault with a Deadly Weapon Charges (Reckless Conduct)
- That the Defendant caused bodily injury to another; &
- That the Defendant caused the bodily injury by use of a deadly weapon; &
- That the Defendant acted recklessly.
What is Bodily Injury?
Pursuant to NJSA 2C:11-1a, bodily injury has been defined as any injury that cause “physical pain, illness, or any impairment of the physical condition of another”. This is the lowest level of injury” defined under the criminal code. In fact, “bodily injury” is typically the type of injured required in order to obtain a conviction for simple assault, which is a disorderly persons offense (misdemeanor) in New Jersey.
What is a Deadly Weapon?
Also, a “deadly weapon” is “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”. So, as you can tell from reading, almost anything can be considered a “deadly weapon” in New Jersey.
Is Aggravated Assault with a Deadly Weapon a Felony Offense in NJ?
Aggravated assault with a deadly weapon is either a third or fourth degree felony offense. A Defendant convicted of a third degree felony aggravated assault with a deadly weapon will be facing five years in prison, a $15,000 fine and a felony criminal record. Conversely, a Defendant convicted of a fourth degree felony aggravated assault with a deadly weapon will be facing eighteen months in prison, a $10,000 fine and a felony criminal record. Depending on the Defendant’s underlying criminal history and the facts of the case, they could be eligible for the Pretrial Intervention Program (PTI). This is a diversionary program in New Jersey whereby if the Defendant completes the probationary period, without violating any of the terms, the charges will be dismissed outright.
Aggravated Assault with a Deadly Weapon Lawyer in Asbury Park NJ
Being charged with a crime can be nerve wracking, however, hiring the right attorney can go a long way to alleviating some of that stress. If you have been arrested and charged with stalking, harassment, disorderly conduct, resisting arrest, aggravated assault on a police officer or simple assault in Monmouth County, the criminal defense attorneys at Keith Oliver Criminal Law can help. We are well aware of a criminal conviction for aggravated assault with a deadly weapon, let alone a lengthy jail sentence can do to someone’s life. If you would like to sit down with Mr. Oliver or one of the other attorneys on staff, then please contact us at (732)858.6959. We serve all of Monmouth County, including Aberdeen, Manalapan, Marlboro, Freehold, Wall Township, Belmar, Manasquan and Union Beach.