A charge of assault with a deadly weapon is a serious charge anywhere, but especially in California. This is not a case that a public defender should be asked to cover. Instead, speak with an experienced California criminal defense attorney who’s worked on this type of serious charge in the past. Chambers Law Firm is here to offer you a free case evaluation. Read on to learn more about this charge and then contact us at 714-760-4088.
Prosecutors have a lot of options on an assault with a deadly weapons charge
In California, assault with a deadly weapon can be charged as either a felony or a misdemeanor. It depends largely on the type of weapon that was used during the assault, whether or not the victim was injured by the assault, and, if they were, how serious their injures were.
In order for a prosecutor to get a conviction, they must prove not only that you assaulted someone, but that you did so with a deadly weapon, or similar means of force that had the potential to cause great injury.
What exactly is a “deadly weapon”?
In California, any object can be considered a deadly weapon, as long as it can be picked up and then used in an attack on someone. For example, a rock, pen, or other common household object can be considered deadly weapons. When the law says that a requirement of conviction is an attempt to harm, that means that whatever action was taken must have had both intent and purpose behind it. If this sounds ambiguous, that’s because it is. Contact Chambers Law Firm for an analysis on your particular case.
This type of charge is what’s known as a “wobbler”
Assault with a deadly weapon is what’s known as a “wobbler.” Basically, that means that it can be charged as either a felony or a misdemeanor. The potential sentence will of course depend on how the assault was charged. A person convicted of a felony could serve as much as four years in county jail and pay fines of up to $10,000.
On the other hand, a person who’s found guilty to a misdemeanor of this charge could face up to one year in jail and fines of up to $10,000. Note that any assault with a deadly weapon that involves a gun has different regulations.
In many cases, the best option is to seek a plea agreement to get a felony charge reduced to a misdemeanor, or to have a misdemeanor with a punishment of probation. That said, depending on the evidence against you, it may make more sense to take the charge to court. When you work with Chambers Law Firm, you can count on us to consider all the evidence and present you with your options. In the end, you make the final call.
