Burlington County Assault With a Deadly Weapon Lawyer
Knowledgeable Aggravated Assault With a Weapon Attorney in Burlington County, NJ, John B. Brennan Helps Clients Achieve Favorable Legal Outcomes
An assault charge involving a weapon does not always require accusations that you fired a gun, struck someone, or even touched the alleged victim. At The Law Office of John B. Brennan, I frequently represent clients who are shocked that they have been charged with such a severe offense and are facing such harsh penalties because of an incident that, in many cases, didn’t even involve firing a gun. My role as a Burlington County assault with a deadly weapon lawyer is to help clients understand the law and their rights and to fight for favorable outcomes.
In New Jersey, assault with a deadly weapon falls under the state’s aggravated assault statute, and prosecutors take these cases extremely seriously. You need an attorney who takes your defense just as seriously. With decades of experience in legal practice, I’m well-equipped to defend clients against charges involving all types of assault and threat crimes, including aggravated assault under various circumstances.
My firm offers free, confidential consultations, so there’s nothing standing in the way of receiving reliable guidance and answers to your questions. To get started, contact me today.
Facing Assault or Threat Charges And Have Questions? I Can Help, Tell Me What Happened.
Understanding Assault With a Deadly Weapon Charges Under New Jersey Law
In New Jersey, assault with a deadly weapon is prosecuted under N.J.S.A. 2C:12-1(b). This statute defines various forms of aggravated assault, including but not limited to those that involve weapons.
Under this statute, a person can be charged with aggravated assault with a deadly weapon if they:
- Attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another with a deadly weapon, or
- Negligently cause bodily injury to another with a deadly weapon, or
- Attempt by physical menace with a deadly weapon to put another in fear of imminent serious bodily injury
This last provision means you can be charged even if no physical injury occurs. Simply pointing a firearm at someone, swinging a knife in their direction, or brandishing another object in a threatening manner can be enough to trigger aggravated assault charges.
As a Burlington County assault with a deadly weapon lawyer, I help clients understand what the state must prove and how an effective defense can challenge those claims.
What Is Considered a “Deadly Weapon” in New Jersey?
New Jersey law has a broad definition of “deadly weapon.” Under N.J.S.A. 2C:11-1(c), a deadly weapon is “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.”
Items that can be considered deadly weapons under this definition include:
- Firearms (loaded or unloaded)
- Knives and blades
- Brass knuckles
- Bats, clubs, or crowbars
- Motor vehicles
- Glass bottles or blunt objects
- Tools or construction equipment
- Household items used as weapons
Importantly, the law focuses not only on what an item is, but on how it is used or intended to be used. For example, a car is not inherently a weapon, but if someone drives it toward another person with the intention of striking or threatening them, it becomes a weapon in the eyes of the law.
What Actions Can Constitute Assault With a Deadly Weapon?
Many people believe they can only be charged with the offense of assault with a deadly weapon if they actually injure someone. In reality, New Jersey law allows for charges even when no injury occurs.
Behavior that can lead to aggravated assault with a weapon charges includes:
- Pointing a gun at someone, even if it is not loaded
- Swinging or raising a knife in someone’s direction
- Holding a firearm in a threatening posture
- Driving a car toward another person
- Throwing objects capable of causing serious harm
- Displaying a weapon during an argument in a way that could cause fear
- Recklessly handling a weapon, resulting in injury
- Negligently firing a gun and hitting someone
Prosecutors aggressively pursue these cases, often relying on witness statements, assumptions about intent, or police interpretations that may not reflect what actually happened.
As an aggravated assault with a weapon attorney in Burlington County, NJ, I scrutinize every detail to challenge the narrative and protect your rights.
Penalties for Assault With a Deadly Weapon in New Jersey
Aggravated assault involving a weapon is typically charged as a third-degree or fourth-degree indictable crime (felony). The grading depends on the specific conduct, whether injuries occurred, and the type of weapon involved.
Fourth-Degree Aggravated Assault
Assault with a deadly weapon is usually charged as a fourth-degree crime when someone:
- Recklessly causes bodily injury with a deadly weapon, or
- Attempts by physical menace with a deadly weapon to cause fear of serious bodily injury
Penalties for a conviction of fourth-degree aggravated assault may include:
- Up to 18 months in state prison
- Fines up to $10,000
- Probation
- Mandatory assessments and fees
Third-Degree Aggravated Assault
Aggravated assault with a deadly weapon is typically charged in the third degree when someone:
- Purposely or knowingly causes bodily injury with a deadly weapon, or
- Recklessly causes significant bodily injury with a deadly weapon
Penalties for third-degree assault with a deadly weapon charges may include:
- Three to five years in state prison
- Fines up to $15,000
- Probation
- Additional mandatory penalties
Second-Degree Assault With a Deadly Weapon Charges
While aggravated assault with a deadly weapon is most commonly charged as a third- or fourth-degree offense, it can be elevated to a second-degree crime in New Jersey under certain circumstances. Under N.J.S.A. 2C:12-1(b)(1), aggravated assault is a second-degree offense if the defendant:
- Purposely or knowingly causes serious bodily injury, or
- Causes serious injury recklessly under circumstances manifesting extreme indifference to human life, including when a deadly weapon is involved
A second-degree aggravated assault charge is extremely serious and can carry the following penalties:
- A presumption of incarceration, even for first-time offenders (mandatory prison term)
- Five to 10 years in state prison
- Fines of up to $150,000
- Mandatory assessments such as the Victims of Crime Compensation Office (VCCO) penalty, the Safe Neighborhoods assessment, and court costs
- Court-ordered restitution payments to the alleged victim
- Limitations on eligibility for early release under the No Early Release Act (NERA)
Collateral Consequences of a Conviction
The impact of a conviction often reaches far beyond the courtroom. A criminal record can:
- Limit employment opportunities
- Affect professional licensing
- Restrict firearm ownership
- Impact immigration status
- Harm child custody or divorce proceedings
- Make finding housing more difficult
- Damage your reputation
These long-lasting consequences make it vital to consult an experienced Burlington County assault with a deadly weapon lawyer as early as possible.
Why You Need an Aggravated Assault With a Weapon Attorney in Burlington County, NJ, Developing Your Defense
Aggravated assault cases are highly fact-specific and often rely on subjective interpretations of events. Prosecutors may assume intent based on incomplete evidence, misunderstandings, or emotionally charged situations.
As an experienced aggravated assault with a weapon charge attorney, I begin by evaluating:
- The circumstances of the alleged threat or injury
- Statements made by all parties
- Whether the weapon was actually capable of causing injury
- Self-defense or defense-of-others claims
- Whether police procedures were lawful
- Any inconsistencies in the evidence or witness accounts
Many cases involve false accusations, exaggerations, mutual confrontation, mistaken assumptions about intent, or actions that do not actually meet the legal standard for aggravated assault.
A strong defense may include showing:
- You never intended to cause harm
- You did not use or threaten to use the weapon
- The object was not a deadly weapon under the law
- You acted in self-defense
- The alleged victim misinterpreted the incident
- Police violated your rights during the investigation
- The evidence is insufficient or unreliable
Because of the severity of the penalties and the complex legal issues involved, such as proving intent, defining “serious bodily injury,” or challenging the circumstances of the alleged assault, immediate and experienced legal representation is essential.
How The Law Office of John B. Brennan Can Help
With decades of experience handling criminal matters throughout New Jersey, I understand how prosecutors build their cases and, more importantly, how to dismantle them. I conduct a thorough investigation, challenge the state’s evidence, and identify every possible legal weakness.
As a Burlington County assault with a deadly weapon lawyer, I tailor defense strategies to the unique facts of your case, including:
- Challenging whether the item qualifies as a deadly weapon
- Demonstrating lack of intent or showing that the actions were accidental
- Highlighting inconsistencies in witness testimony
- Presenting evidence of self-defense or defense of another
- Challenging the credibility of the accuser
- Filing motions to suppress illegally obtained evidence
- Disputing the prosecution’s interpretation of events
- Negotiating with prosecutors for reduced or amended charges
- Presenting mitigation to seek leniency in sentencing
Through skilled representation and unwavering advocacy, I fight for the resolutions to these legal issues that most benefit my clients. The outcomes I have secured for clients in circumstances like yours include getting:
- Charges dropped due to insufficient evidence
- Charges dismissed through pre-trial motions
- Reduction of charges to a less serious offense
- Suppression of evidence obtained illegally
- Favorable plea agreements that significantly reduce penalties
- Not-guilty verdicts at trial
- Lighter sentences through persuasive advocacy at sentencing hearings
Every case is different, and no attorney can guarantee a specific outcome. But I will fight to secure the best possible result for you and protect your future.
Get Advice From An Experienced Criminal Defense Lawyer. All You Have To Do Is Call 856-446-5123 To Receive Your Free Case Evaluation.
Why Choose The Law Office of John B. Brennan to Build Your Defense?
Find out for yourself why defendants facing serious charges choose The Law Office of John B. Brennan to protect their legal rights when it matters the most.
Decades of Experience on Both Sides of the Courtroom
With more than 30 years in legal practice, including 25 years as a criminal prosecutor, I know exactly how the state builds its cases and how to challenge the admissibility and sufficiency of the evidence against you. My inside perspective allows me to identify weaknesses in the prosecution’s case that others might overlook.
Aggressive Representation To Challenge The Case Against You
I take a proactive approach in every aggravated assault matter. By scrutinizing evidence, questioning assumptions, and pushing back hard against overcharging or unsupported allegations, I protect the clients I represent. My goal is always to position you for the strongest possible result.
The Distinction of a Certified Criminal Trial Attorney
As a New Jersey Certified Criminal Trial Attorney, I have demonstrated the trial skill, legal knowledge, and courtroom experience necessary to earn this distinction. This certification reflects my commitment to excellence in criminal defense and my readiness to fight for you at every stage.
Responsive Communication and Committed Support
I understand how stressful criminal charges can be. That’s why I make it a priority to keep you informed and supported throughout the process. I am committed to personally contacting you within 24 hours of your call and ensuring that you always know where your case stands.
Contact a Burlington County Assault With a Deadly Weapon Lawyer at The Law Office of John B. Brennan Today for a Free Consultation
Facing aggravated assault charges is overwhelming, but you do not need to go through this alone. As an experienced aggravated assault with a weapon attorney in Burlington County, NJ, I am ready to stand between you and the consequences of the criminal justice system.
For help defending against serious charges of aggravated assault with a deadly weapon in New Jersey, turn to The Law Office of John B. Brennan. Contact my office online or call 856-446-5123 today to schedule a confidential consultation and begin building your strongest possible defense.
Frequently Asked Questions About Assault With a Deadly Weapon Crimes in Burlington County and Throughout South Jersey
Under N.J.S.A. 2C:11-1(c), a deadly weapon includes any object capable of causing death or serious bodily injury, depending on how it is used or intended to be used. Firearms, knives, bats, tools, vehicles, and even common household items may qualify.
Prosecutors do not need to prove actual injury. They only need to establish that the item was used or displayed in a way that created a substantial risk of serious harm, allowing the state to elevate a simple assault charge to aggravated assault.
These cases begin with an arrest or complaint, followed by a first appearance and review of release conditions. Because aggravated assault is an indictable offense, the case proceeds to the Superior Court, where a grand jury determines whether to indict.
If indicted, the case moves through discovery, motions, plea discussions, and potentially trial. If convicted, sentencing and possible appeals follow.
Each stage offers opportunities to challenge evidence and pursue a more favorable outcome. Having strong legal representation is essential for taking full advantage of these opportunities.
Common defenses against assault with a deadly weapon charges include challenging intent, arguing the object was not used as a deadly weapon, or showing the accused’s actions did not meet the legal standard for aggravated assault. Self-defense or defense of others may also apply.
Additional defenses involve attacking the reliability of the state’s evidence, such as inconsistent witnesses, lack of physical proof, or improper police procedures. Constitutional violations, like unlawful searches or Miranda issues, may support reducing or dismissing charges.
The No Early Release Act requires defendants convicted of certain first- and second-degree violent crimes to serve 85% of their prison sentence before parole eligibility and to complete mandatory parole supervision afterward.
Not all aggravated assault cases fall under NERA, but those involving serious bodily injury or charged as second-degree often do. When NERA applies, avoiding or reducing the charge becomes critical, as it greatly increases mandatory prison time.
Aggravated assault with a deadly weapon may be eligible for expungement depending on the degree of the offense and whether it is barred by statute. Eligible convictions typically require a five-year waiting period after completion of the sentence. Dismissed charges, PTI outcomes, or downgraded offenses may be expunged sooner.
Expungement is not automatic. To get crimes expunged, petitioners must show rehabilitation and meet all statutory requirements. Because eligibility varies, professional legal guidance is important for putting you on the path to a successful application for expungement.