Aggravated Assault with a Deadly Weapon

Trenton NJ Aggravated Assault with Deadly Weapon Lawyer 

Arguments are going to happen and sometimes a situation will escalate to the point that punches will be thrown. If that is to occur, the individuals involved could end up being charged criminally with either simple assault, terroristic threats or even aggravated assault. Now that is bad enough but if the situation escalates even further and a weapon is used, whether it be a bat, knife or even a gun, the situation just got drastically worse. If a weapon is used in the commission of an assault then the Defendant will end up being charged with aggravated assault with a deadly weapon. That is a third degree felony in New Jersey. As you will see below, if convicted, a Defendant could be facing up to five years in prison. Furthermore, based on the new bail guidelines, an individual charged with aggravated assault with a deadly weapon could also be detained in the Mercer County Jail, without bail, pending trial. However, in order to do so, the prosecution must file for and be successful at a Detention Hearing. These hearings can and always should be contested. If you would like to speak to one of our Mercer County criminal defense attorney about your options, then please contact us at 609-789-0779.

The Mercer County criminal defense attorney at Proetta & Oliver have been defending clients accused of simple assault, aggravated assault, unlawful possession of a weapon, possession of a weapon for unlawful purpose, aggravated assault on a police officer and aggravated assault with a deadly weapon for years now. These are very serious charges and should not be taken lightly. Our attorneys will aggressively challenge the evidence presented against you in order to obtain a favorable outcome. If you would like to discuss the specific facts of your case with one of our Mercer County criminal defense attorneys then please contact us at 609-789-0779. We serve all of Mercer County, including towns like Lawrence, Hamilton, Ewing, Robbinsville, West Windsor, East Windsor, Hightstown and Trenton.

Assault with a Deadly Weapon Lawyers in Hamilton NJ

The crime of aggravated assault with a deadly weapon is governed by NJSA 2C:12-1b(2) and NJSA 2C:12-1b(3). All assault crimes in New Jersey are broken down into different degrees; second, third, fourth degree felony and disorderly persons offense (misdemeanor). The alleged injury in question (i.e. bodily injury, significant bodily injury or serious bodily injury) and the “status” of the victim (i.e. police officer, fireman etc.) will dictate what degree of an assault charge a Defendant faces. When it comes to an aggravated assault with a deadly weapon charge, if the Defendant is alleged to have used a weapon during the assault then all it takes is for the victim to suffer what is known as bodily injury. That is the lowest type of injury needed in New Jersey, it is the type of injury required for a simple assault charge. In other words, if a weapon is used during an assault, what would have bee considered a simple assault is escalated to an aggravated assault. So a misdemeanor becomes a felony.  As you can tell, this is a very serious offense and as such requires the assistance of an experienced Mercer County criminal defense attorney. Here is what the prosecution must prove in order to obtain a conviction.

  • Third Degree Felony:
    • That the Defendant caused bodily injury to another; &
    • That the bodily injury was caused by the use of a deadly weapon; &
    • That in doing so, the Defendant acted purposely or knowingly.
  • Fourth Degree Felony:
    • That the Defendant caused bodily injury to another; &
    • That the bodily injury was caused by the use of a deadly weapon; &
    • That in doing so, the Defendant acted recklessly.

Pursuant to NJSA 2C:11-1a, bodily injury has been defined as physical pain, illness, or any impairment of the physical condition of another. 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”.

What is the Jail Time for Assault with a Deadly Weapon in NJ?

 

Degree of Assault with a Deadly Weapon

Penalties

3rd Degree Felony

5 Years in Prison;

$15,000 Fine

Felony Criminal Record

4th Degree Felony

18 Months in Prison;

$10,000 Fine

Felony Criminal Record

Assault with a Deadly Weapon Lawyers in Robbinsville NJ

If you have been charged with aggravated assault with a deadly weapon, the Law Offices of Proetta & Oliver can help. Our attorneys are well aware of what a criminal conviction for an offense of this nature, let alone a jail sentence could to one’s future. If you would like to go over your options with one of our Mercer County criminal defense attorneys today, then please contact us at (609)789-0779. Our attorneys have been defending clients accused of crimes like this in towns like Lawrence, West Windsor, East Windsor, Princeton, Hopewell and Trenton.