According to California Penal Code Section 245(a)(1), assault with a deadly weapon is an unlawful attempt to cause bodily harm to another person using a weapon or using force likely to cause great bodily harm.
Prosecutor must establish the following elements to prove an allegation of assault with a deadly weapon.
Unlike battery, physical contact is not required to take place for someone to get arrested and convicted for assault.
Deadly weapon is defined as any object or instrument that is inherently deadly or which can be used in such a way as to cause death or great bodily harm.
Some common defenses to an assault with a deadly weapon charge?
In California assault with a deadly weapon is considered a “wobbler”, and can be charged as either a felony or misdemeanor offense depending on the case facts and defendant’s criminal record. The prosecution will take into account different factors such as the type of weapon, the extent of the victim’s injuries and the manner in which the assault was conducted.
Penalties for misdemeanor assault with deadly weapon conviction are the following:
Penalties for felony assault with deadly weapon conviction are the following:
There are some factors that can increase the penalties beyond this range, such as:
The defendant can be sentenced to up to 9 years in prison if he is convicted of assault using a semiautomatic firearm such as a rifle or handgun.
The defendant can be sentenced to up to 12 years in prison if he is convicted of an assault using an automatic weapon such as a .50 BMG rifle, machine-gun or an assault weapon.
The defendant can be sentenced to up 12 years in prison if the victim was a police officer or firefighter on duty at the time the assault took place.
A felony conviction under PC Section 245 can also result in a “strike” for the purposes of California’s “Three-Strike” law. Three strikes on defendant’s criminal record mean that he can be sentenced to life in prison without parole.
Are you in need of a criminal defense attorney in California? Get in touch with KAASS Law if you would like us to take a look into your criminal matter.
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