What Counts as Brandishing a Firearm in New Jersey?

Brandishing a firearm is displaying a weapon or something that can be used as a weapon in a threatening or intimidating manner. In New Jersey, simply pointing a gun at another person can be considered a crime, even if the gun is not loaded. Even pointing two fingers shaped like a gun is illegal in New Jersey if the target of the gesture feels threatened.

The charges for brandishing a gun can range from simple assault to a more serious aggravated assault. If you have been charged with brandishing a firearm, you could face penalties ranging from steep fines to up to ten years in prison. A highly skilled criminal defense lawyer will review the charges brought against you, recommend the most effective defense strategy, and negotiate the best possible outcome for your case.

What Is Brandishing a Firearm?

In simplest terms, brandishing is the act of displaying part of a firearm or making a firearm known to another person with the intention of intimidating or threatening the other person.  While the phrase “brandishing a weapon” is not included in most state laws, this is not the case in New Jersey. The term “brandishing” is specifically used when describing the act of pointing a gun at someone. Brandishing a firearm is considered a fourth-degree crime, with a penalty of up to 18 months in prison and a fine of up to $10,000.

What Are Examples of Brandishing a Firearm?

If you have a general understanding of what is considered brandishing a weapon in New Jersey, you can avoid assault charges by avoiding these behaviors. In New Jersey, the following are examples of brandishing a weapon that is meant to threaten or intimate:

• Pointing a firearm at another person.
• Waving a firearm at someone with the intention of scaring them.
• Pointing a firearm, fake gun, or laser mechanism in the direction of a police officer to threaten, intimidate, or cause a police officer to fear bodily injury.
• Informing another person that you have a firearm.

Why Is Brandishing a Weapon Considered a Crime?

In New Jersey, it is against the law to display a firearm to intimidate, threaten, or coerce another person. Whether you pointed an unloaded gun at someone during a bar fight or you simply waved a gun at someone to scare them, the legislature intends to punish individuals who callously threaten another person with injury or death. To bring charges against you for brandishing a gun, the state must only prove that you had a gun and intentionally pointed it at another person, with no regard for their safety or wellbeing. Depending on the circumstances, you could face the following charges:

• Simple assault: This is a disorderly persons criminal offense in New Jersey. The N.J.S.A. 2C:12-1(a) statute prohibits anyone from purposely, knowingly, or recklessly causing bodily injury to another person. If you use a deadly weapon to attempt to cause bodily injury or negligently cause bodily injury while using a deadly weapon, this is considered simple assault. The penalties will depend on the circumstances of the crime. For example, if the assault is classified as a petty disorderly offense, the penalties include a $500 fine and up to 90 days in jail. If the simple assault is classified as a disorderly persons offense, the penalties include fines of up to $1,000 and six months in county jail.
• Fourth-degree aggravated assault: This is also known as the crime of pointing a weapon. It is the lowest level of indictable offenses, instead of disorderly person offenses for simple assault. If you intentionally pointed a firearm at someone while demonstrating an extreme indifference to that person’s life, you may be charged with a fourth-degree aggravated assault, whether the weapon was a gun, rifle, shotgun, or BB gun that was loaded with bullets, slugs, gas or other explosives. Penalties include up to $10,00 in fines and up to 18 months in jail.
• Third-degree crime: This is a very serious crime that involves pointing a firearm at a police officer. You could face third-degree charges even if the weapon is merely displayed and not directly pointed. You can also be charged with third-degree aggravated assault if you point a fake, imitation, or toy gun at a police officer. Given the severity of the crime, this offense is also subject to the No Early Release Act (NERA), which states that the defendant must serve 85 percent of their prison sentence before they can be eligible for parole.

Will I Go to Jail If I Brandish a Firearm?

The likelihood of you facing jail time for brandishing a firearm in New Jersey will depend on several factors. In most cases, these are considered fourth-degree crimes, in which case you could face up to 18 months in jail. However, if the circumstances of the crime result in third-degree charges against you, you could face jail for between three and five years. If the individual you were pointing a gun at was a police officer, there is a mandatory minimum attached to a conviction. However, an experienced criminal defense lawyer can help you avoid jail time by protecting your legal rights and pursuing the defense strategy that will be most effective based on the circumstances of your case.

Will I Go to Jail for Brandishing a Firearm if it Is My First Offense?

If you were charged with brandishing a firearm, but it is your first offense, your criminal defense lawyer can help you apply for the Pre-Trial Intervention (PTI) program. If you are eligible, and the judge and prosecutor are willing to overlook the incident, this program allows first-time offenders of fourth and third-degree crimes to avoid going through the trial process, including the possibility of jail time, and get a fresh start.

When Is it Legal to Brandish a Firearm?

According to New Jersey law, you are legally allowed to brandish a firearm if you believe that force is necessary to protect yourself and your property against the unlawful force of another person. However, there needs to be a valid reason to warrant pointing your gun in a particular situation. For example, suppose an intruder pushes you rather than trying to fend them off in a manner comparable to shoving. In that case, you point your gun at the intruder and shoot them; this will likely be considered an unreasonable use of force. However, if the intruder threatens your life by brandishing a gun or another deadly weapon, causing you to brandish your weapon and shoot the intruder, this would likely be considered self-defense.

When Is it Illegal to Brandish a Firearm?

In most cases, pointing a gun at another person is illegal in New Jersey, even if the gun is not loaded. The severity of the crime can range from simple assault to aggravated assault, depending on the situation, whether it was intentional or unintentional, and whether the weapon was pointed at a police officer. If you have been charged with brandishing a firearm, it is in your best interest to contact an experienced criminal defense lawyer who will thoroughly review the charges and recommend the most effective legal strategy.

Can I Beat a Charge for Brandishing?

While a charge for brandishing a firearm is a serious offense with potentially severe legal penalties, a skilled criminal defense lawyer can help you beat those charges by formulating a comprehensive defense strategy that will most effectively combat the state’s charges against you. The following are examples of defense strategies that your criminal defense lawyer may recommend:

• Self-defense.
• Defense of others.
• Mutual fighting.
• The alleged victim’s injuries were not serious.
• There was no weapon involved.
• The alleged victims do not want to press charges.

Our Freehold Criminal Defense Lawyers at Lyons & Associates, P.C. Represent Clients Charged With Brandishing a Firearm

If you have been charged with brandishing a firearm, do not hesitate to contact our Freehold criminal defense lawyers at Lyons & Associates, P.C. We will review the circumstances leading to your charges, ensure your legal rights are protected, and pursue a defense strategy. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are in Somerville, Morristown, and Freehold, New Jersey, and we serve clients in Monmouth County, Mercer County, and Burlington County.

• Category: Criminal Law