Modesto Assault With a Deadly Weapon Lawyer
What is Considered Assault with a Deadly Weapon in California?
Assault and battery offenses are usually elevated to felony charges if
a deadly weapon is involved in the alleged
violent crime. California Penal Code 245(a)(1) PC defines assault with a deadly weapon
as: “Any person who commits an assault upon the person of another
with a deadly weapon or instrument.” The state of California considers
any object that is used to increase the harm done to an individual to
be a “deadly weapon.” As a result, the list of deadly weapons
is infinitely long, and a skilled lawyer should be consulted to determine
if the object in question actually qualifies as a deadly weapon.
Deadly weapons could include objects, such as:
- Guns or firearms
- Knives
- Glass bottles
- Pencils or pens
- Cars
- Screwdrivers
- Heavy blunt objects (bricks, rolling pins, etc.)
- Dogs or other animals that will attack on command
Additionally, in special circumstances, inflicting great harm using your
hands or feet could be considered assault with a deadly weapon depending
on the force used to inflict the injuries. If the victim sustains severe
physical injuries, you could potentially be charged with assault with
a deadly weapon.
Assault with a deadly weapon may seem similar to the crime of
battery, but has one key difference. Where battery actually requires physical
contact to be charged, assault with a deadly weapon does not actually
need to occur for the crime to be charged. Merely threatening to commit
the crime against a victim can lead to charges for assault with a deadly
weapon. This can include attempting to inflict the harm but failing to do so.
Call the Law Offices of Mark W. Girdner at (209) 326-1533 today and start
assembling your criminal defense.
Penalties for Assault with a Deadly Weapon in California
Based on the circumstances of the specific case, assault with a deadly
weapon can be charged as either a misdemeanor or felony offense. The charges
and potential penalties are determined by:
- The type of weapon used in the alleged crime;
- Whether the victim was injured in the assault, and the severity of that
injury; and
- Whether the alleged crime was committed against a police officer, firefighter,
or other person protected under law.
If you are convicted of misdemeanor assault with a deadly weapon, you will
face a maximum sentence of 1 year in county jail. The base sentence for
felony assault with a deadly weapon is 2 to 4 years in state prison, but
the sentence will likely be increased if you used a firearm during the
alleged offense or if the victim was a protected person.
The Benefits of Hiring Attorney Mark Girdner for Your Case
The
Law Offices of Mark W. Girdner has the experience and legal skill you need to fight back against your
charges. Attorney Mark Girdner has served as a deputy district attorney
for Stanislaus County, giving him a detailed knowledge of our state’s
laws as well as a prosecutor’s arguments and how to counter them.
If you are facing assault with a deadly weapon charges,
contact the Law Offices of Mark W. Girdner today to receive a
free initial consultation and learn about your defense options!