What are the Penalties for Assault with a Deadly Weapon in New Jersey?

Assault with a deadly weapon is a serious criminal charge in New Jersey that can lead to severe penalties if convicted. The specific penalties you face depend on the degree of the offense and the circumstances involved.

In New Jersey, assault with a deadly weapon charges fall under the state’s aggravated assault law, N.J.S.A. 2C:12-1(b). This law prohibits purposely, knowingly or recklessly causing bodily injury to another person with a deadly weapon.

Deadly weapons can include guns, knives, bats, axes, brass knuckles, or any object that can cause serious bodily injury or death. Even vehicles have been considered deadly weapons in aggravated assault cases when used intentionally to injure someone.

Degrees of Aggravated Assault with a Deadly Weapon

Aggravated assault with a deadly weapon can be charged as a 2nd, 3rd or 4th degree offense in New Jersey. The degree depends on factors like:

• The extent of injury to the victim
• If the victim was a law enforcement officer
• Your intent
• Your criminal history

2nd Degree Aggravated Assault with a Deadly Weapon

This is the most serious degree of aggravated assault with a deadly weapon in New Jersey. It typically applies when:

• The victim suffers serious bodily injury
• The victim is a law enforcement officer acting in the line of duty
• You acted with the purpose to cause serious bodily injury (highest level of intent)

2nd degree aggravated assault with a deadly weapon carries penalties of:

• 5 to 10 years in New Jersey State Prison
• Fines up to $150,000
• Restitution to the victim
• Loss of certain civil rights

3rd Degree Aggravated Assault with a Deadly Weapon

This degree applies when you cause significant bodily injury to the victim. It involves a lesser degree of injury and intent than 2nd degree aggravated assault. Penalties for 3rd degree include:

• 3 to 5 years in prison
• Up to $15,000 in fines
• Restitution

4th Degree Aggravated Assault with a Deadly Weapon

This lowest degree applies when you cause bodily injury to the victim with a deadly weapon. It involves the least extent of injury. 4th degree penalties include:

• Up to 18 months in jail
• Up to $10,000 in fines
• Restitution

Other Penalties

In addition to fines and jail time, a conviction for aggravated assault with a deadly weapon can impact your life in other ways, such as:

• Permanent criminal record
• Difficulty finding employment
• Loss of gun ownership rights
• Difficulty obtaining professional licensure
• Deportation if not a U.S. citizen

Defenses

When facing charges for assault with a deadly weapon in New Jersey, it is critical to retain an experienced criminal defense attorney to protect your rights. A skilled lawyer will thoroughly examine the evidence against you and build a strong defense to avoid conviction.

Some possible defenses in aggravated assault with a deadly weapon cases include:

• Self-defense – Arguing you used reasonable force to protect yourself or others from harm
• Lack of intent – The assault was an accident and you didn’t intend to injure the victim
• Misidentification – You were mistakenly identified and didn’t commit the assault
• Intoxication – You were involuntarily intoxicated and unable to form the requisite intent

An experienced attorney can evaluate the facts of your case and determine if any defenses apply. They will aggressively defend your rights both in pre-trial negotiations and at trial if necessary.

Getting Legal Help

Don’t leave your fate to chance – consult with a qualified New Jersey criminal defense lawyer immediately if you are facing assault with a deadly weapon charges. An attorney can advise you of your rights and work to achieve the most favorable resolution in your case.

With the stakes so high, it is critical to have an experienced lawyer fighting for you. Contact a skilled assault defense attorney for a free consultation and case evaluation today.