Updated: Dec 27, 2022
The Possible Legal Implications Of Assault With A Deadly Weapon In California
The prosecution will decide whether to charge you with a misdemeanor or felony because the ADW violation is a wobbler. The choice will be made in light of relevant facts, including the kind of weapon used, the severity of any injuries, the defendant's criminal history, the existence of any physical contact or damages, and other circumstances.
What should be anticipated if charged with assault with a deadly weapon? First, let's look at what our Top Rated Criminal Defense Lawyers in Los Angeles have to say:
Possible Penalties And Sentences For Assault With A Deadly Weapon In California
If found guilty of a misdemeanor offense, a person may be subject to:
Costs of victim damages, as appropriate
Programs or lessons for anger control
Probation for misdemeanors
If the case is considered a felony, the possible punishments could include:
A strike per California's Three Strikes Law
Costs of victim's damages
Other repercussions include:
Losing your state-issued license.
Suffering adverse migratory effects.
Temporarily losing your rights in a search and seizure.
If the defendant knew the alleged victim was a peace officer, the repercussions would be considerably more severe. Therefore, in this instance, assault with a deadly weapon is always a crime. If there was no firearm use, the punishment is 3, 4, or 5 years in state prison. If a weapon or a firearm was used in the assault, the sentence would be determined by the kind of weapon:
4, 6, or 8 years for a regular firearm
5, 7, or 9 years for semiautomatic weapons
6, 9, or 12 years for an assault weapon, a machinegun, or a.50 BMG rifle
What Are the Countermeasures to a Deadly Weapon Assault?
California law has strict punishments for actions that could not even cause harm to anyone. But unfortunately, such charges are never easy to deal with. For this reason, getting in touch with a prescreened Criminal Defense Law Firm in California is crucial. There are defenses that your attorney can assert on your behalf to refute the accusations of assault with a deadly weapon, and these include:
1. There was no use of a lethal weapon or force that may have seriously injured someone.
If you actually used a deadly weapon or force likely to cause harm to someone, you are not guilty of assault with a deadly weapon. It is up to the individual to decide what qualifies as a lethal weapon. For instance, a loaded gun is clearly a deadly weapon, but not one that is unloaded. Furthermore, determining what force is likely to result in severe bodily harm can be more complicated than you believe. Your California Defense Lawyer can use these murky regions to counter PC 245 (a)(1) allegations.
2. You defended yourself or someone else.
According to your defense lawyer, you may claim that you acted in self-defense or in defense of another. However, this only applies if you genuinely believed there was a risk of being touched impermissibly or becoming hurt. It should also be that you felt you had to use force to stop the threat.
Additionally, you only utilized the necessary force to protect yourself from that threat. You might be able to defend yourself against charges of assault with a dangerous weapon, for instance, if you used a weapon to protect yourself against a physical threat from another person.
3. You didn't behave deliberately or with intent.
Numerous factors could have contributed to the behaviors that resulted in ADW charges. For example, your acts might have been negligent, or the purported victim might have misinterpreted them. You and your California defense lawyer must present the prosecutor and the jury with all relevant information to successfully use this sort of defense.
4. You were wrongly charged.
Even if no assault took place, a charge of assault with a deadly weapon might still be filed. In addition, it is conceivable and straightforward to accuse someone else of committing ADW on purpose out of retaliation, envy, or hatred.
Our Los Angeles criminal defense lawyers will acquire the necessary proof and speak with potential witnesses to prove your innocence and refute the accusations.