Aggravated Assault with a Deadly Weapon

Bound Brook NJ Aggravated Assault Defense Lawyer

Assault charges are unfortunately some of the most common charges in Somerset County towns like Bound Brook. Where this type of conduct results in bodily injury, the resulting offense is simple assault. An exception exists to this general rule, however, where the injury is inflicted with a deadly weapon. An object following within this legal description is basically anything that could be used to cause death or serious bodily injury including not only items like a beer bottle, baseball bat or knife but also more ordinary uses, for example, a chair, pen, walking cane, stick or wrench. If you or a loved one was arrested with aggravated assault with a deadly weapon in North Plainfield, Hillsborough, Montgomery, Bridgewater, Bound Brook or another municipality in Somerset County, the skilled lawyers at our firm, The Law Offices of Jonathan F. Marshall, are ready to serve you. Our team includes multiple former prosecutors and staff of knowledgeable attorneys with over one-hundred (100) years. To speak to a lawyer in our Bridgewater Office, call us at (908) 722-1011 for a free consultation.

Charged With Aggravated Assault Under N.J.S.A. 2C:12-1(b)(2)

N.J.S.A. 2C:12-1b(2) states that a person is guilty of a third degree crime if he “attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. N.J.S.A. 2C:12-1b(3) states that a person is guilty of a fourth degree crime if he “recklessly causes bodily injury to another with a deadly weapon.” Bodily injury means “physical pain, illness or any impairment of physical condition.” Deadly weapon is 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 or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.”  Assault with a deadly weapon in Franklin or anywhere else can also mushroom into a second degree crime if the victim suffers serious bodily injury. An aggravated assault results in serious bodily injury where it involves a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member.

There is a difference in the penalties for second degree aggravated assault with a deadly weapon and the third degree pedigree. An individual convicted of a second degree crime under 2C:12-1b faces 5-10 years in prison and a $150,000 fine. The No Early Release Act also applies and this provision of the law requires that someone convicted of this charge serve at least eight-five (85) percent of their sentence before becoming eligible for parole. Third degree assault with a deadly weapon carries a maximum jail term of 5 years and a $15,000. An individual is, however, eligible to have this offense resolved via Pretrial Intervention. This program allows someone without any prior record to avoid prosecution and a record provided they successfully complete a period of probation.

Branchburg NJ Aggravated Assault With A Deadly Weapon Attorney

If you or someone you know is charged with Aggravated Assault with a Deadly Weapon in Branchburg or another municipality, consulting with an experienced and well versed criminal attorney should be at the top of your priority list. There are many potential defenses to deadly weapon charges but time tends to be sensitive in terms of protecting against a conviction. Memories fade and evidence can be lost or destroyed, so it is important that you act swiftly to hire a skilled defense lawyer. For example, if no one requests that video records or surveillance camera footage be preserved, any benefit provided from this discovery will be lost upon its routine destruction. The lawyers at The Law Offices of Jonathan F. Marshall have years of experience handling aggravated assault cases and will make sure that you have every opportunity to avert negative pitfalls. For a free initial consultation with a lawyer skilled in this area of law, call us at (908) 722-1011.