What Happens When You Get Arrested For Assault With A Deadly Weapon In California?

Updated: Sep 10

A Quick Guide To Legal Definitions And Processes Associated With Assault With A Deadly Weapon In California

A heated debate, a misunderstanding, or other highly emotional scenarios can lead to tragedy, especially when a deadly weapon is involved. Additionally, even if you didn't intentionally mean to fire a gun or use a blunt object, it still carries weight as there was still the danger of it being used in the event.

What happens to someone after getting arrested for Assault With A Deadly Weapon in California? What are the legal terms you need to be familiar with? And how does a Los Angeles Criminal Defense Lawyer help you when this happens?

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How Is A "Deadly Weapon" Identified Under California Criminal Law?

Anyone who assaults a person with a weapon other than a handgun faces a penalty of two, four to six years in prison, or at least a year in the county jail. In addition, you could be prosecuted for assault with a deadly weapon even if you had no intention of harming the victim.

A baseball bat, wrench, knife, or blunt object that could cause harm used in assaults can be considered deadly weapons in California criminal law.

That said, it's always crucial to contact a Defense Lawyer In California to ensure you get the best outcome after the arrest. Your Los Angeles Criminal Lawyer can help you build a solid defense, represent you in court, and help you find evidence to support your defense.

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What Should I Do If I'm Arrested For Assault With A Deadly Weapon In California?

If the officer suspects that the item they discovered in your possession was used to harm the victim, you might be detained for Assault with a Deadly Weapon. If the police feel that you did something to the victim, they will want to talk to you and question you.

The seriousness of your offense will determine whether you are charged with a misdemeanor or a felony. Therefore, it is strongly advised to not speak to the police without a prescreened Los Angeles Criminal Lawyer present.

What Happens On The First Court Date Of Assault With A Deadly Weapon Charges In California?

Your arraignment is your first court appearance. The charges the district attorney filed against you will be read to you by the judge that day. The judge will instruct you to return to your subsequent hearing, usually a pre-trial or case readiness hearing, if you submit a plea of not guilty.

What Happens When You're Found Guilty Of Assault With A Deadly Weapon?

The results could be expensive and time-consuming. In addition, you can face a misdemeanor or felony charge because PC 245(a)(1) is a wobbler.

Depending on the circumstances of your case, the district attorney will decide whether you should be charged with a misdemeanor or a felony. These are some typical details the district attorney will take into account:

  • The kind of equipment or weapon utilized

  • The harm allegedly inflicted on the victim

  • Who the victim is

If you are accused of a misdemeanor, you face the following penalties:

  • Probation

  • A county jail sentence of up to a year

  • A $1000 fine plus additional fines and charges

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Get Referred To A California Criminal Defense Lawyer Near You

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