Bernardsville NJ Aggravated Assault Lawyers
A felony assault offense occurs if the prosecutor proves that you pointed a firearm in violation of N.J.S.A. 2C:12-1(b)(4). If the target of the rifle or handgun is a Bernardsville police officer or other member of law enforcement in Somerset County then N.J.S.A. 2C:12-(b)(11) applies. Both of these charges are felonies with serious penalties. If you were arrested for pointing a firearm at someone, you should consult an attorney immediately. Conviction for this violation carries the possibility of a state prison sentence and at $10,000 or more in fines so it is nothing to take lightly. The lawyers at The Law Offices of Jonathan F. Marshall have the know how to help you escape ramifications like these, not to mention a criminal record, with over 100 years in practice combined. An attorney on our team, including one of our former prosecutors, is available to discuss the facts of your arrest in Franklin, Bridgewater, Hillsborough, North Plainfield or elsewhere in Somerset County. The initial consultation is without charge so there is no reason to hesitate to contact us at (908) 722-1011.
Indicted for Pointing A Firearm In Somerset County NJ
Whether you were just charged or have already been indicted for point a firearm, this form of aggravated assault can cause significant problems if you are convicted at the Somerset County Superior Court. A key ingredient to your avoiding these issues is a successful defense to the elements of this offense. This is something that our criminal lawyers are adept in establishing on behalf of our clients. To prove a case of pointing in violation of N.J.S.A. 2C:12-1(b), the state must establish four elements beyond reasonable doubt. First, it must proven that the object was actually a firearm. Second, it must be established by the state that you pointed the firearm at another person. Third, the conduct must manifest extreme indifference to the value of human life. What this means is that the defendant knew that he/she was pointing the firearm at or in the direction of a person and that it created a risk to human life. It is not necessary, however, that the gun be loaded to satisfy this requirement. Fourth, your conduct must have been knowing.
This violation is a fourth degree crime where the firearm is pointed at someone other than a law enforcement officer. It is important to keep in mind that it is no a prerequisite to this charge that the gun be loaded. It applies to unloaded firearms too. The penalties for fourth degree pointing includes a fine of up to $10,000 and a state prison term of up to 18 months. When the same conduct involves a police officer, the offense is a third degree crime. In addition to the escalation in degree of offense, pointing at a police does not require actual “pointing” but rather displaying (e.g. showing or exhibiting) at or in the direction of a law enforcement officer. Another important distinction is that third degree pointing falls within the No Early Release Act. This means that a defendant convicted of this charge must serve at least eighty-five (85) percent of the jail term imposed before he/she can be considered for probation. The maximum prison term for this offense is 5 years and the fine can reach $15,000. It is also a third degree crime to point or display an imitation firearm/gun at police if the purpose is to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.
Warren Aggravated Assault Attorney
If you have been charged with aggravated assault in Warren Township or another municipality for pointing a firearm, an attorney at our firm is ready to assist you. Here at The Law Offices of Jonathan F. Marshall our attorneys include several former prosecutors and a defense team with over 100 years of combined experience. Whether you were arrested in Bernards, Watchung, Somerville, Manville or elsewhere, we have the knowledge and skill to handle you case. Call our Somerville Office or Bridgewater Office for an immediate free consultation.