Courts We Serve
- 21 April, 2018
- 15 April, 2018
- 3 April, 2018
Aggravated Assault With A Deadly Weapon
New Brunswick Aggravated Assault With a Deadly Weapon Lawyers
If you have been charged with aggravated assault based on involvement of a deadly weapon, it is important for you to consult a attorney immediately. Aggravated assault with a deadly weapon is always a felony and can result in as much as 5 years in prison. Hiring the best lawyer you can identify will go a long way to protecting yourself against a conviction. The aggravated assault lawyers at The Law Offices of Jonathan F. Marshall have over 100 years of combined experience and include several former prosecutors, including Jason Seidman who served in the Middlesex County Prosecutor’s Office. We represent clients arrested for using a deadly weapon against another person in New Brunswick, Piscataway, South Brunswick, Edison, Carteret or elsewhere in Middlesex County. Defense lawyers are available to speak to you immediately by contacting our New Brunswick Office at 732-246-7126.
Attempting to Cause Bodily Injury With a Deadly Weapon
If you attempted to cause bodily injury to another using a deadly weapon, your conduct is a third degree crime in accordance with N.J.S.A. 2C:12-1(b). There are three elements that the state must prove in order to convict you of aggravated assault for attempting to cause bodily injury with a deadly weapon. First, the accused must have possessed a purpose to cause bodily injury to another. Second, he or she must have taken a substantial step to bringing about the intended result, namely, causing the harm. Third, the defendant must have used a deadly weapon to accomplish his/her objective.
Purposely or Knowingly Causing Bodily Injury With Deadly Weapon
It is also a third degree crime to intentionally cause bodily injury with a deadly weapon. There are four elements that must be established by the prosecution in order to secure a conviction for purposely/knowingly causing bodily injury with a deadly weapon. First, the the state must prove that the victim suffered bodily injury. Second, the harm must have been caused by the accused. The third element of this offense requires that the defendant act knowingly or purposely. Fourth, the apparatus to cause the injury must have been a deadly weapon.
Recklessly Causing Bodily Injury With A Deadly Weapon
It is a less serious felony offense, a fourth degree crime, to recklessly cause bodily injury with a deadly weapon. The four elements to prove this form of aggravated assault are: (1) bodily injury to another person; (2) which was caused by the accused; (3) as the result of reckless conduct; and (4) which involved use of a deadly weapon. An individual acts “recklessly” when he disregards a substantial and unjustifiable risk that injury would result from his or her conduct.
Penalties for Aggravated Assault With a Deadly Weapon
Third degree aggravated assault with a deadly weapon results in a maximum fine of $15,000 and up to 5 years in prison. Fourth degree aggravated assault for recklessly causing bodily injury with a deadly weapon carries up to a $10,000 fine and up to 18 months in prison. NERA applies to this aggravated assault and a defendant must serve 85% of the sentence before being eligible for parole. The No Early Relief Act (“NERA”) also applies to aggravated assault with a deadly weapon. This provision renders a defendant ineligible for parole until such time as they have served 85% of their prison sentence.
Piscataway Aggravated Assault Lawyer
Conduct with a deadly weapon that results in bodily injury is a serious matter in Piscataway and throughout Middlesex County. The situation is even more dire when the conduct results in significant bodily injury. You will have a felony criminal record and face serious penalties that include years of incarceration. This is why you need to retain a seasoned criminal attorney if you are facing this charge. The lawyers at our firm, The Law Offices of Jonathan F. Marshall, have the skills you need with over a century of experience defending aggravated assault charges arising in municipalities like East Brunswick, Woodbridge, North Brunswick, South Plainfield and Old Bridge. A Piscataway aggravated assault lawyer is available immediately for a free consultation. Contact our Piscataway Office at 732-562-0308 for the assistance you need.