Assault with a Deadly WeaponNow Fighting On Your Side
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
- Glass bottles
- Pencils or pens
- 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.