Pennsauken Aggravated Assault Attorneys
The second category of aggravated assault that someone can face in Camden County results where a “deadly weapon” is involved. This occurs where someone attempts to cause, purposely causes, or recklessly causes bodily injury to another person with a deadly weapon. This is obviously an entirely separate offense from aggravated assault resulting from serious bodily injury. If you have been charged with using a deadly weapon in either manner, you need to consult a lawyer immediately. The charge is a felony under New Jersey Law that carries the possibility of a long state prison term and thousands of dollar in fines. The attorneys at our firm, Marshall, Bonus, Proetta & Oliver, include former prosecutors and other skilled advocates that have been representing individuals arrested for aggravated assault with a deadly weapon in Pennsauken, Berlin, Winslow, Lindenwold, Gloucester City and other municipalities for other 100 years combined. For an immediately consultation with an attorney on our eight member defense team, call our Cherry Hill Office at 856-662-8300.
I. Attempting to Cause Bodily Injury With A Deadly Weapon
It is a third degree crime to attempt to cause bodily injury using a deadly weapon. The key here is that the accused not only have a object in his or her possession that constitutes a deadly weapon but also that he/she utilize the item to attempt to cause bodily injury. There are three material elements to proving a third degree aggravated assault based on attempting to cause bodily injury with a deadly weapon: (1) an intent or purpose to cause bodily injury; (2) a substantial step taken to achieve this objective; and (3) utilization of a deadly weapon to accomplish the offense. A conviction on this charge results in up to five years in prison and a fine that can reach $15,000. The accused is also subject to the No Early Release Act (“NERA”) requiring that they serve at least 85% of their prison/jail sentence before they are eligible for parole.
II. Purposely or Knowingly Causing Bodily Injury With Deadly Weapon
You may also be charged with third degree aggravated assault if you purposely or knowingly cause bodily injury to another with a deadly weapon. It should be noted that all that is required here is that you knowingly or purposely cause bodily injury with a deadly weapon and not that you possessed an intent or purpose to injure someone in this manner. All that is required is an intent to engage in the conduct and not necessarily to cause a bodily injury. There are four elements to this form of aggravated assault: (1) a victim who has sustained bodily injury; (2) the injury was the result of conduct by the defendant; (3) the defendant’s conduct was knowing or purposeful; and (4) a deadly weapon was used by the defendant. The same penalties as those set forth under I above apply here.
III. Recklessly Causing Bodily Injury With A Deadly Weapon
Unlike aggravated assault under I and II, this form of violation is a fourth degree crime. The penalties that apply at the time of sentencing include up to 18 months in state prison and a maximum fine of $10,000. NERA also applies to this form of fourth degree aggravated assault. To convict you of this offense, the prosecutor must prove that: (1) the victim sustained bodily injury; (2) that resulted from reckless conduct of the defendant (i.e. disregarded of a substantial and unjustifiable risk of injury); (3) the defendant’s conduct cause the injury to the victim; and (4) the defendant used a deadly weapon.
Lindenwold NJ Aggravated Assault Lawyers
Our lawyers are skilled in the defense of aggravated assault with a deadly weapon charges. Whether you were charged with aggravated assault in Lindenwold, Bellmawr, Cherry Hill, Gloucester Township, Pine Hill or another town, our Camden County Criminal Attorneys have the tools to effectively represent you. To speak to an attorney on our staff anytime of day or night, contact our office at 856-662-8300.