Assault With A Deadly Weapon
In California, an assault with a deadly weapon charge is a criminal offense that occurs when an individual intentionally or recklessly uses a deadly weapon to threaten or attack another person. A deadly weapon is defined as any object that is capable of causing great bodily injury or death, such as a firearm, knife, or a vehicle.
An assault with a deadly weapon charge can be filed as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. If charged as a misdemeanor, an assault with a deadly weapon offense can carry a sentence of up to one year in county jail and a fine of up to $1,000. If charged as a felony, an assault with a deadly weapon offense can carry a sentence of up to four years in state prison and a fine of up to $10,000.
If you have been charged with an assault with a deadly weapon in California, it is important to seek the advice of a qualified criminal defense attorney. An experienced attorney can help you understand your rights and options and can work to defend your case in court.
Assault With a Deadly Weapon.
Assault With a Deadly Weapon is commonly charged under Penal Code Section 245(a) (1) which states “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”
Assault with a deadly weapon (ADW) can be charged when a person points a gun (or other dangerous weapon) at another person. Even if the gun was not loaded and even if the person holding the gun had no intention of using the gun he/she can still be charged if the victim was in reasonable fear as a result of the person pointing the gun at him/her.
Assault with a deadly wepon can be charged as a MISDEMEANOR or a FELONY. A felony conviction for ADW can be a “STRIKE” under the THREE STRIKES LAW. A prison prior or a strike prior, that is already on the record of the accused can double the maximum sentence.
P.C. 245(a)(2)-any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
P.C. 245(a)(3)-any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
It should be noted that a person can be charged with assault with a deadly weapon even if the weapon is their automobile. Also it should be noted that a person can be charged with assault with a deadly weapon even if the weapon is their fist.
Assault with a Stun Gun.
A common similar charge to assault with a deadly weapon is Assault with a stun gun or taser, charged under Penal Code Section 244.5 which prohibits the use of a stun gun used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge. Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in section 12601, shall be punished by imprisonment in a county jail for a term not exceeding one year or by imprisonment pursuant to subdivision (h) of section 1170 for 16 months, two or three years.
Use of a taser or stun gun upon the person of a peace officer or firefighter who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of their duties shall be punished by imprisonment in the county jail for a term not exceeding one year as a misdemeanor or if charged as a felony it carries a punishment of two, three, or four years in jail.
Assault in general.
In California, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. There are several different types of assault charges that you can face in California, including:
Simple assault: Simple assault is a misdemeanor charge that is punishable by up to 6 months in county jail.
Aggravated assault: Aggravated assault is a more serious charge that can be filed if you used a deadly weapon or caused serious bodily injury to the victim. This crime is punishable by up to 4 years in state prison.
Assault with a deadly weapon: If you are accused of assaulting someone with a deadly weapon, you could be charged with a felony. This crime is punishable by up to 4 years in state prison.
Battery: Battery is a criminal offense that occurs when you intentionally or recklessly use force against someone else. This crime is punishable by up to 6 months in county jail.
It is important to note that the specific penalties for assault and battery charges in California can vary depending on the circumstances of the case and the severity of the injuries sustained by the victim. If you have been charged with assault or battery in California, it is a good idea to speak with a criminal defense attorney as soon as possible. They can help you understand the charges against you and advise you on your legal options. Call us now 888-589-9994.
