Summary
In New Jersey, violations of 2C:12-1B (aggravated assault) and 2C:39-4A (possession of a weapon for an unlawful purpose) can result in severe penalties. Sentencing varies based on the degree of the crime: 2nd degree (5-10 years imprisonment, up to $150,000 fine), 3rd degree (3-5 years imprisonment, up to $15,000 fine), and 4th degree (up to 18 months imprisonment, up to $10,000 fine). Even with minimal harm and no prior violations, charges can still apply. Courts consider factors like intent, harm caused, and previous violations. Being 18 and without a prior record may be favorable, but the final decision is at the courts discretion. Consult a local attorney for personalized advice.Full Conversation
So I’m in violation of 2C:*-1B from a vehicle using a gel ball gun and 2C:*-4A with a gel ball gun from a vehicle
Hello ****, could you please specify your location? Laws vary depending on the jurisdiction, and this information will help me provide more accurate advice.
New Jersey
Hello ****. In New Jersey, the laws you've allegedly violated are:
*. 2C:*-1B: Aggravated assault, which can be a crime of the second, third, or fourth degree.
*. 2C:*-4A: Possession of a weapon for an unlawful purpose, specifically firearms.
Using a gel ball gun from a vehicle may fall under these offenses. I'd advise seeking a local attorney for specific advice.
So if the crimes were both negligent what would the sentencing look like
In New Jersey:
- For a 2nd degree crime, the sentencing is *-10 years imprisonment and a fine up to $*,*.
- For a 3rd degree crime, it's *-5 years imprisonment and a fine of up to $*,*.
- For a 4th degree crime, it is up to 18 months imprisonment and a fine up to $*,*.
Please consult a lawyer for precise sentencing.
And what if the harm was minimal
Even with minimal harm, charges can still apply. The severity of sentencing depends on factors like intent, harm caused, and previous violations. It's crucial to consult a local attorney for personalized advice.
So what if I had no other previous violations, I didn’t hold the gun or shoot it as I was on my phone unknowing of the situation until after it happened, and the only harm caused was small red welts on the victims back?
In New Jersey, your lack of prior violations and lack of intent may be considered in your favor. However, being present in the vehicle during the incident might still implicate you. It's recommended you consult a local attorney for more specific advice.
So then what’s the worst that could happen to me
The worst case scenario in New Jersey for 2C:*-1B and 2C:*-4A violations could be a combined sentence of 15 years imprisonment and fines up to $*,*. However, this depends on the exact charges and circumstances. Please consult a local attorney for specific advice.
But what about given the circumstances I gave?
Given your specific circumstances, the court will consider factors like your lack of prior violations, your intent, and the harm caused. However, the final decision is at the discretion of the court. It's highly recommended to seek counsel from a local attorney for personalized advice.
Will they go hard on me since I’m only * without a previous record
Being * and without a previous record may be considered during sentencing. However, the severity of the charges and individual circumstances play a significant role. It's recommended to consult a local attorney for more personalized advice.