Assault With a Deadly Weapon Offenses in Monmouth County NJ

Experienced Lawyers Defending Clients Charged with Aggravated Assault with a Weapon in Colts Neck, Middletown, Asbury Park, Belmar, and Freehold

Actions have consequences, even when those actions are committed in the heat of the moment or when we aren’t at our best emotionally or mentally. New Jersey has stringent laws regarding weapons and violence. You could face jail time and severe fines if you are charged with aggravated assault and weapon use. Also, when you have a violent crime on your record, the panorama of your future can change profoundly. If you want strategic, experienced representation, contact Chamlin, Uliano & Walsh to get started on defending your case as soon as possible.

Our accomplished team of defense attorneys has represented clients facing various types of both simple and aggravated assault charges, and aggravated assault with a weapon is no exception. We serve clients in Long Branch, Red Bank, Wall, Holmdel, Belmar, Lake Como, and towns throughout Monmouth County and Southern New Jersey. Reach out to us at our West Long Branch office today by calling (732) 440-3950 or toll-free at (888) 328-9131.

Section of the Law 2C:12-1b Regarding Aggravated Assault with a Weapon

There are two kinds of assault in New Jersey, simple assault and aggravated assault. To assault someone is to hurt them without legal justification, such as self-defense. Simple assault and aggravated assault are distinguished by the severity of the victim’s injuries. Aggravated assault with a deadly weapon means that an implement was used or was threatened to be used to cause the victim harm.

On the spectrum, aggravated assault with a deadly weapon is a much more severe charge. Anyone who purposely causes grave harm or attempts to do so is committing aggravated assault. To cause serious injury using a deadly weapon recklessly or with intent to cause severe damage, or knowingly aiming a gun at someone, are all causes for an aggravated assault with a deadly weapon charge. Importantly, brandishing a firearm, regardless of whether or not it is loaded, is considered aggravated assault. In tandem with that action, using a sight laser (red laser) to imitate a sighting system or device against a police officer in the line of duty is also aggravated assault.

Serious harm is an injury that creates a risk of death, organ damage, a loss of one of the five senses, or disfigurement.

Types of Weapons Considered “Deadly” in NJ Law

A deadly weapon could potentially cause death or great bodily harm. Sometimes, a deadly weapon is not one that we would readily consider as such. The definition of something used as a weapon includes items we would associate with violence, such as knives, swords, machetes, or guns, and household items or tools. Baseball bats, hammers, screwdrivers, icepicks, scissors, chairs, bricks, rocks, brass knuckles, metal chains, and crowbars. Chemical weapons such as acid and poisons can also be considered deadly weapons. It is not about the item itself; if not, it’s potential for harm. Lastly, an unusual section of the law refers to inanimate and animate weapons. Many train their dogs to protect their owners or attack others on command. Using an animal to cause someone bodily harm could be seen as a deadly weapon.

Severity of the Consequences if Convicted of Assault With a Deadly Weapon in New Jersey

Pointing a firearm at someone while it is unloaded, using a counterfeit weapon (it looks like a gun but is not), or recklessly causing bodily injury to another person is a 4th-degree aggravated assault. The possible penalties are up to 18 months of incarceration and a fine of up to $10,000.

When a defendant not only brandishes a deadly weapon but uses it to attempt to cause serious bodily injury, they are charged with third-degree aggravated assault with a deadly weapon. There are three prongs to this charge. The first is that the defendant intended to harm the victim. The second is that there were purposeful steps taken to complete that intent. Third, A deadly weapon was used to harm the victim seriously. A third-degree aggravated assault charge with a deadly weapon can result in up to 5 years in prison and a fine of up to $15,000. This charge is also subject to the NERA or No Early Release Act, which requires that 85% of a person’s sentence be completed before parole is an option.

A second-degree aggravated assault with a deadly weapon charge requires that the defendant attempted to hurt someone to do them harm using a deadly weapon and showing complete indifference to the value of their life. Also, if a significant bodily injury was caused to the victim while evading capture by the police while driving someone else’s car, or caused serious harm by committing arson or an explosion that injured first responders or other emergency workers.   A conviction for a crime in the third degree carries a possible jail sentence of 5 to 10 years and a fine of up to $150,000. This charge is also under the NERA, so 85% of the sentence must be served before parole can be considered.

Talk to a Lawyer About Your Aggravated Assault with a Deadly Weapon Charge in Long Branch NJ

The charge of aggravated assault with a deadly weapon is a serious offense that carries with it fines and substantial jail time. A conviction on your criminal record could make it difficult for you to rent a residence, get a job, or even get a loan. You need to start working on your search for a knowledgeable and accomplished lawyer right away. When you need to avoid the harmful effects of a felony assault conviction or another criminal offense conviction, call upon the defense attorneys at Chamlin, Uliano, & Walsh in Monmouth County. We evaluate each case based on its unique characteristics and circumstances and serve as valuable advocates for our clients in court. With the help of our skills and experience, you can count on the most effective counsel to defend you and protect your rights in Howell, Neptune, Bradley Beach, Atlantic Highlands, Tinton Falls, Manasquan, and throughout Southern New Jersey.

Call us today at (732) 440-3950. You can also contact us online. Schedule your consultation right now so we can begin to work for you.