Evesham Aggravated Assault with a Deadly Weapon Lawyer
It doesn’t require a law degree to understand that Aggravated Assault charges carry serious consequences. When those Aggravated Assault charges involve the use of a firearm or a deadly weapon, you can expect the Burlington County Prosecutor to take notice. As a crime involving violence, you are presumed to be unable to enter any diversionary program like Pretrial Intervention or Drug Court. As a felony indictable offense, Aggravated Assault with a Deadly Weapon charges can carry upwards of five (5) years in a New Jersey State Prison. Additionally, your case may require that you served a mandatory minimum period of incarceration before you can apply for parole. Additionally, with bail reform, prosecutors may seek to file for a pretrial detention hearingin an effort to keep you locked up until trial. Do not let the prosecutor’s office railroad you into a plea. If you have been arrested and charged with Aggravated Assault with a Deadly Weapon in New Jersey, call (609) 850-8284. The law firm of Proetta & Oliver is located in Mount Laurel and handles criminal matters involving simple assault,unlawful possession of a weapon, possession of a weapon for an unlawful purpose, terroristic threats, harassment, manslaughter and assault by auto. Contact our criminal trial attorneys today for an immediate consultation regarding your case.
What is a Deadly Weapon?
A deadly weapon has been held to refer to any instrument, material or device (including guns) that is capable of producing serious bodily injury or death. This means that common household items can become deadly weapons, if used in a certain manner. One example of a case that was charged as Aggravated Assault with a Deadly Weapon involved a tire iron that was thrown at another person. Thankfully, we were able to assist our client to avoid a conviction for aggravated assault. Nevertheless, this should indicate just how easily certain items can transform into deadly weapons in New Jersey.
Assault with a Deadly Weapon Charge in Pemberton, NJ
Generally, Deadly Weapon Aggravated Assault charges fall under one of the following two forms of conduct:
Defendant recklessly causes bodily injury to another using of a deadly weapon
Defendant purposely or knowingly causes bodily injury by use of a deadly weapon
Purposely v. Knowingly v. Recklessly
Every criminal offense requires a certain mental state (“mens rea”) on behalf of the defendant. For Aggravated Assault involving a Deadly Weapon, there are three types of mens rea that may be required: purposely, knowingly and recklessly. Recklessness is defined as when the defendant “is aware of and consciously disregards a substantial and unjustifiable risk.” Purposeful conduct occurs when it is the defendants “conscious object to engage in conduct.” Lastly, knowingly occurs when a person is practically certain that his or her conduct will cause a certain result. These terms are very fact-specific and you should consult with a lawyer on how they could apply in your case.
Can I Use a Gun For Self-Defense In New Jersey?
One of the most common defenses I hear from clients charged with aggravated assault with a deadly weapon is, “I was acting in self-defense.” Now, self-defense is not some catch-all protection for defendants charged with criminal offense involving assault. Instead, the court will analyze a variety of factors before permitting a self-defense claim. These include: the level of force being used against you, your ability to leave the situation, who started the fight / argument and amount of force you used during your self-defense. For a more detailed explanation of New Jersey’s self defense laws, please contact our office at (609) 850-8284 today for a consultation with a Mount Holly Criminal Lawyer.
Burlington County Aggravated Assault with a Deadly Weapon Penalties
Aggravated Assault with a Deadly Weapon will either be a third degree felony offense or fourth degree felony offense. As a third degree charge, you are subject to a period of incarceration upwards of five (5) years with a mandatory minimum term of incarceration. Alternatively, a fourth degree offense, you will be facing up to eighteen (18) month in prison. As a violent offense, Aggravated Assault charge are presumed to prohibit admission into Pretrial Intervention (PTI). However, if their are weaknesses in the State’s case, our firm will expose them and use them to leverage potential plea offers. Call today for more information on New Jersey’s Diversionary Programs.
As a violent offense that may carry a period of parole ineligibility, defendants aggravated assault with a deadly weapon charges generally are prohibited from entry into the Diversionary Program known as Pretrial Intervention. Nevertheless, contact an attorney to see what can be done to overcome this prohibition and help you avoid a criminal conviction altogether.
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