Assault with a Deadly Weapon
Experienced Criminal Defense Attorneys in Rancho Cucamonga
Sometimes, when arguments get heated or emotions run high, individuals may lose grasp of the situation. This can lead to a physical altercation, which can get you charged with an assault with a deadly weapon crime. Whether or not you used the weapon, just holding one during the moment can be construed as an assault.
California laws consider an assault with a deadly weapon charge as a “wobbler,” meaning it can be classified as either a misdemeanor or felony. Either way, these charges are serious and can lead to heavy fines and extensive jail time. If you have been accused of an assault with a deadly weapon, contact our experienced attorneys at Chung & Ignacio immediately. You need legal representation who knows how to handle these cases.
Call our San Bernardino County criminal defense attorneys at (909) 726-7112!
What is an Assault with a Deadly Weapon?
Under the California Penal Code Section 245(a)(1), an assault with a deadly weapon is defined as an offense where an individual uses a physical object to harm or threaten another individual.
California penal code 240 articulates the crime as:
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
The definition of a deadly weapon can be vague, as it refers to anything that can cause another person serious physical harm.
- Examples of deadly weapons include:
This crime also does not necessitate physical contact with the other person and the weapon. You can be charged with a misdemeanor or felony by threatening to use the object to harm someone else.
Examples of this include chasing someone with an axe, pointing a gun at someone, and swinging a bat at someone. This is a gray area in California law, which is why you need experienced attorneys who know how to deal with these cases.
Penalties of an Assault with a Deadly Weapon Charge
Assault with a deadly weapon can be charged as either a misdemeanor or a felony. The conviction depends on the situation. What type of weapon was used? What injuries were sustained, if any?
It is the prosecutor’s job to prove that you willfully intended to harm another person with a weapon. If they succeed, the penalties can be serious.
- Felony penalties under California Penal Code 245 includes:
- Up to four years of jail time
- A fine of $10,000
- A felony strike in California’s “Three-Strikes” law
- Use of a semiautomatic weapon can result in up to nine years of prison
- Use of an automatic weapon can result in up to 12 years of prison
Misdemeanor penalties under California Penal Code 245 includes:
- Up to one year of jail time
- A fine up to $1,000
- Both jail time and fines
Why You Need Comprehensive Legal Representation
Whether charged as a misdemeanor or felony, an assault with a deadly weapon conviction can be damaging for your personal and professional life. Along with large fines and jail time, the charge will also remain on your permanent record.
If you are accused of assault with a deadly weapon, our Rancho Cucamonga criminal defense attorneys are ready to fight for you. We take the time to understand every detail about your situation. We create different strategies to protect your rights. We prepare each case as if it were going to trial. These charges are serious and time is not on your side.
Call us today to schedule a free consultation. Take the steps necessary to regain control of your life!