Pointing a Firearm

Winslow Aggravated Assault Lawyers

An individual can be charged with aggravated assault if he/she points a firearm. The severity of the penalties and what is necessary to prove this offense depending on the circumstances under which the violation was committed. The biggest factor is whether the Irrespective, a conviction for pointing a firearm is an indictable crime that results in a felony criminal record and serious penalties. If you were arrested and charged with aggravated assault for pointing a firearm in Winslow or elsewhere in Camden County, it is therefore important for you to hire a knowledgeable attorney. The lawyers at The Law Offices of Jonathan F. Marshall are highly experienced in defending assault and threat crimes, including charge arising in Winslow, Lindenwold, Gloucester Township, Pennsauken and elsewhere. To speak to a former prosecutor on our defense team anytime 24/7, call our office in Cherry Hill at 856-662-8300.

Aggravated Assault for Pointing a Firearm

It is a fourth-degree crime to knowingly point a firearm at another person or in the direction of others under circumstances manifesting extreme indifference to the value of human life. The defendant’s belief as to whether or not the firearm is unloaded is irrelevant to innocence or guilt. If a handgun, rifle, shotgun, pellet gun, BB gun or other firearm is pointed at another person or in the direction of others, the violation is triggered. Fourth degree aggravated assault for pointing firearm results in a state prison term of up to 18 months and a potential fine of $10,000. To prove an individual guilty under the section of 2C:12-1(b), the state must prove that: (1) defendant was in possession of a firearm; (2) they pointed it at another person or in their direction; (3) their conduct was knowingly; and (4) the defendant’s conduct was under circumstances manifesting extreme indifference to the value of human life.

Aggravated Assault for Pointing Firearm at Law Enforcement Officer

Pointing is enhanced to a third-degree crime where the target is a police officer (a.k.a. law enforcement officer). This violation is extremely similar to fourth-degree pointing except that the firearm needs to be pointed at or in the direction of a police officer. Another difference is that this offense also arises if the firearm is “displayed”. In other words, you can be charged with third-degree aggravated assault if you “show” or “exhibit” a firearm in the direction of a police officer. The elements of this charge include: (1) possession of a firearm; (2) that was pointed or displayed; (3) in the direction of a police officer/law enforcement officer; (4) under circumstances manifesting extreme indifference to the value of human life; and (5) conduct that was knowing. The penalties for third-degree pointing a firearm includes a maximum fine of $15,000 and up to five years in state prison. The No Early Release is also triggered which mandates that the defendant serve 85% of any jail sentence imposed before they are eligible for parole.

Imitation Firearms. A separate third-degree pointing offense is set forth under 2C:12-1(b)(10) for imitation firearms. The primary difference between this and pointing a regular firearm is the fact that the conduct must also be for the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose. “Imitation firearm” is defined for purposes of this violation as “an object or device reasonably capable of being mistaken for a firearm.” The penalties are exactly the same where an imitation firearm is pointed as those previously set forth for pointing of a real firearm at a law enforcement officer.

Voohees NJ Aggravated Assault Defense Attorneys

Voorhees is one of the higher volume municipalities for aggravated assault in Camden County. Our firm, The Law Offices of Jonathan F. Marshall can appreciate this fact as one of the largest criminal defense firms in the state with an office right in Cherry Hill. Whether the charge is the result of pointing a firearm or imitation firearm or some other variety of aggravated assault, our staff of former prosecutors and skilled lawyers is equipped with the experience you need. We are ready to thoroughly review the circumstances of your offense in a free initial consultation and orchestrate a plan to ensure you reach the best outcome of your case. To speak to an attorney on our team anytime 24/7 in a free initial consultation, call 856-662-8300.