As defined under California Penal Code Section 245, an assault with a deadly weapon is an assault involving the use of “a deadly weapon or instrument.” An “assault” is an unlawful attempt to commit a violent act that would cause an injury against another if successful.
A key element of this crime is how the law defines “deadly weapon or instrument.” Under PC 245, deadly weapons include the use of any object other than a firearm in a deadly manner (PC 245(a)(1)); the use of a firearm (PC 245(a)(2)); or the use of any machinegun, assault weapon (such as an assault rifle), or .50 BMG rifle (PC 245(a)(3).
What Is Assault with a Deadly Weapon (ADW)?
Assault with a deadly weapon is a crime where:
An example of assault with a deadly weapon is firing a pistol in the direction of another person. Even if your intent was merely to scare the victim, you could be convicted of assault with a deadly weapon.
What is an Aggravated Crime?
“Aggravated,” as used in criminal law, is a term that is often misunderstood. It does not mean that the person who committed the crime did so while being enraged or annoyed at the victim. Instead, “aggravated” essentially means that you committed the basic crime, but there are circumstances of the case that require an additional punishment beyond the basic sentence.
In the case of aggravated assault with a deadly weapon, aggravating factors include:
Additional Penalties for Aggravated Assault with a Deadly Weapon
Though assault with a deadly weapon can be charged as a misdemeanor, aggravated assault with a deadly weapon is generally a felony. The basic felony sentence for committing a simple assault with a deadly weapon is a maximum of four years in county jail and a fine of up to $10,000. However, if the court determines there are aggravating factors in your case, you could face additional time in custody and have your fine significantly increased. For example:
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
Assault with a deadly weapon is a serious charge with severe consequences. It is crucial that you have an experienced attorney defending you if you are accused of this crime. At Wallin & Klarich, our skilled team of attorneys has been successfully defending clients accused of assault with a deadly weapon and other serious crimes for over 35 years. We know how to demonstrate the key facts in your case, and to show the jury that a reasonable person in your position would have done the same. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.