What is Assault With a Deadly Weapon?
Under the California Penal Code, assault with a deadly weapon happens when someone assaults another person using a weapon that can cause significant bodily injury or death. The weapon could be anything else other than a firearm. This type of assault also happens when a person attacks another using force likely to produce significant bodily injury.
If you’re facing assault with a deadly weapon charges, you risk hefty penalties and life-changing consequences. It would be best to consult aggressive Orange County criminal defense lawyers to help you fight the charges. They can help you understand the gravity of the charges, the risks, and your legal options.
What is the Definition of a Deadly Weapon in California?
Assault lawyers in Orange County explain that the law defines a deadly weapon as:
- Any object or weapon
- That is capable of causing great bodily injury or death
The definition includes obvious deadly weapons such as guns and knives. Other objects could be deadly weapons if used in a way that could cause death or substantial bodily harm. Examples are:
- A car
- A dog that can attack someone on command
- A bottle
- An unloaded gun used to hit someone
- A pencil, if used to stab someone
What is the Definition of Great Bodily Injury?
The law in California defines great bodily injury as significant bodily harm, which is greater than minor harm. Orange County assault lawyers highlight the following examples:
- Dog bites
- Gunshot wounds
- Lacerations
- Broken bones
- Black eyes
What Are the Elements of Assault with a Deadly Weapon?
A court to find you guilty of assault with a deadly weapon if the following conditions are present according to CPC §245(a)(1):
- You assaulted the alleged victim with a deadly weapon other than a firearm or
- You used force that was likely to result in great bodily injury and
- You acted willfully and
- The case has facts that would cause a reasonable person to realize that the act would result in using force and
- You had the ability to use deadly force that would likely result in great bodily injury or assault to someone and
- You were not acting in self-defense or the defense of someone else during the assault
Other factors the court will evaluate to determine if the crime of assault with a deadly weapon occurred are:
- The threats or words you use during the incident
- The capability of the weapon to cause severe bodily injury or death
- How you used the weapon
- Physical features of the weapon
- Physical proximity between the weapon and casualty
The burden of proof lies with the prosecutor, meaning they must prove these elements beyond a reasonable doubt. Retain knowledgeable assault attorneys in Orange County to poke holes in the prosecutor’s claims to minimize the likelihood of a conviction.
What Are the Penalties for Assault with a Deadly Weapon?
The legal consequences of assault with a deadly weapon upon a conviction are severe and depend on whether the charge is a felony or misdemeanor. The offense is a wobbler because the prosecutor can decide how to classify it depending on the present factors. For example, a prosecutor will consider:
- The type or style of weapon used during the assault
- The severity of the injuries the victim sustained
- If the victim falls in the category of “protected persons,” such as police officers and firefighters
Felony Charges
If the prosecutor charges you with a felony, the potential penalties include:
- Four years in prison and up to 12 years if an automatic weapon was used
- Fines of up to $10,000
- Victim restitution in some cases
- Weapon confiscation and disposal
If the crime involves a firearm or semiautomatic firearm or was committed against a police officer, the penalties can be more severe and the prison term longer. The crime could also be considered a strike, which comes with severe consequences. Being charged with three strikes puts you at a risk of 25 years imprisonment in a state prison.
Misdemeanor Charges
When assault is charged as a misdemeanor, the potential consequences upon a conviction can be:
- Summary or informal probation
- Up to one year in county jail
- A maximum fine of $1,000
- Victim restitution in some cases
- Mandatory anger management class
- Weapon confiscation and disposal
What Are the Possible Defenses to Assault with a Deadly Weapon Charges?
A lot is at stake when facing charges of assault with a deadly weapon, given that a conviction could curtail your freedom and life opportunities. It’s in your best interests to hire aggressive assault attorneys in Orange County to defend you against the charges.
After evaluating the case specifics, they can help you create a strong defense strategy that could have the charges dismissed or penalties reduced. Possible defenses include:
- You were acting in self-defense or the defense of another person or some property
- You did not act willfully or with the intent to assault the other person
- You had no capacity to inflict deadly force on the alleged victim
Your lawyers will likely ask you several questions about the incident. Be truthful to help them understand what happened, as this forms the basis of formulating an effective defense strategy.
A Skilled Criminal Defense Attorney Defending You Against Assault with Deadly Weapon Charges
Being arrested for and charged with assault with a deadly weapon can be stressful, given the potential consequences upon a conviction. You may feel like your life is in a very dark place and may not know what to do. All hope is not lost, as skilled assault lawyers in Orange County could help you fight the charges to protect your rights and freedom.
The Law Office of Scott Henry has reputable criminal defense lawyers who can evaluate your case. We can guide you through the criminal process and help you navigate the complex laws and systems for the most favorable outcome. Call us at 888-379-0217 for a FREE consultation.
