The definitions of “assault” and “deadly weapon” may vary by state but one thing that does not vary is how assault with a deadly weapon is classified with the law and that is as a felony. The crime is committed when an attacker completes a physical attack while also using a physical object that could cause serious injuries to the body up to and including death. It is because of these serious consequences that all 50 states consider an attack such as this to be so severe it is considered a felony everywhere, and it will be treated as a felony regardless of the specific injuries that are suffered after the attack.
Definitions of Criminal Terms
When it comes to defining a “deadly weapon” in an assault with a deadly weapon attack or “AWD” this can be considered to be various objects that are able to cause another person serious bodily harm or even death with knives and guns being the most obvious examples of this. Other examples that may not be as obvious could be a baseball bat or even your car. Even regular day items that would not normally be seen as “deadly” such as boots or rocks on the ground or even a sharp pencil can be considered deadly weapons depending on how they are used in the altercation. Surprisingly a person’s feet or elbows or even teeth can become deadly weapons depending on the situation, and it is not unheard of to be charged for AWD just by using one’s own body parts.
Felonies come with strict penalties, and anyone who is convicted of AWD faces possible jail time in state prison. Depending on your circumstances jail time can vary by state as well as by the severity of the crime as the more violent the action the harsher the sentence you may receive. On top of possible jail time, you should also be aware that there will be fines and other possible consequences the judge may see fit to give you when it comes to your sentencing. These fines can also vary by state and by the specific nature of your crime and it is important to be aware of all of these variables to your case. Also, things such as your prior history of violent crimes and the actual results from your attack will also come into play, which is why having an experienced criminal defense lawyer can only benefit your chances in court.
Contact Our New Jersey Criminal Defense Attorney
Assault with a deadly weapon is a serious accusation, so if you or someone you love find yourself in this situation you will need a knowledgeable former prosecutor like attorney Stephen R. Piper who knows the law and is ready to fight for you. Contact us for an initial consultation today.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.