Assault With a Deadly Weapon.
Assault with a deadly weapon is a serious crime in the state of California and law enforcement will not take these calls lightly. This charge could be charged as a misdemeanor or felony based on the type of the weapon the defendant used, whether the alleged victim was injured, as well as the seriousness of the victim’s injuries. In order to be convicted with the charge of assault with a deadly weapon, the prosecutor must prove that the defendant assaulted someone and the actual assault that was committed with a deadly weapon or used something that could cause great harm to someone’s body. According to the state of California, an assault is when there is an unlawful attempt and ability to commit violent injury upon another person. Most people will define a deadly weapon as a gun or a knife; however, there are many more objects that can be classified as a deadly weapon. According to the state of California, a deadly weapon can be any object that could be used to cause great harm to any person’s body. Also, the defendant’s hands and feet could be classified as a deadly weapon depending on how the defendant used their body parts in the assault. However, the prosecutor must prove that the defendant used their body parts in a way that could cause great bodily harm. Then one must wonder what classifies as great bodily injury which determines if the charge is assault or assault with a deadly weapon. There is no actual list of injuries that classify as great bodily injury, but generally it is any inflicted injury that requires medical attention. Some common examples of this are severe cuts, severe bruising, gunshot wounds, broken or fractured bones, and severe dog bites. Because this charge can be charged as a misdemeanor or a felony and there are enhanced misdemeanor charges that are in the middle of the two. Misdemeanor charges of assault with a deadly weapon will carry up to one year in jail and up to $10,000 in fines if you or your loved one is actually convicted for these charges. If you or your loved one is convicted for a felony charge of assault with a deadly weapon, you will have to spend two to four years in prison, up to $10,000 in fines and a strike will appear on your record under California’s 3 Strikes law. In the state of California, if you have three strikes on your record then you must serve life in prison. The punishments for this charge prove that the state of California does not take assault with a deadly weapon lightly and will sentence you to the full punishment. Please contact us if you have any further questions or concerns.