There are various levels of assault in California, which is the illegal effort to cause violent harm to another person when you have the means to do so. A “deadly weapon assault” is the most serious sort of assault. When someone assaults another person, whether with a deadly weapon or with force that could result in serious physical harm, this occurs.
But what is a lethal weapon? In popular usage, a deadly weapon is something that is regularly used as a weapon, such as a knife or a gun, and is the kind of weapon that can result in fatalities. However, the legal definition of “deadly weapon” is more broad. Read on to get the facts and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The prosecution must prove numerous elements
First, it’s critical to understand what constitutes an assault with a lethal weapon. A prosecution must show the following in order to prove this crime. They must prove that when the defendant acted, he or she was aware of facts that would have led a reasonable person to believe that the act would directly and probably result in the application of force to another person; the defendant either performed that act with a deadly weapon. Alternatively, they must prove that the act he or she performed would result in force that was likely to produce great bodily injury.
The prosecution must also prove that that the defendant performed that act willfully and if the accusation stems from the use of a deadly weapon, the prosecution must show that you actually did use a deadly weapon.
The definition of a deadly weapon
Any object, instrument, or weapon that is utilized in a way that makes it capable of (and likely to produce) either death or great bodily injury is considered a deadly weapon under California law. While this does include the weapons that most people think of, such as knives and guns, there are numerous additional items that, depending on how they are used, may be regarded as lethal weapons.
For instance, an automobile may qualify as a lethal weapon if it is used to run someone over. A pencil could be a lethal weapon if used to stab someone. Depending on how they are used, a brick, rock, or even a bottle could be lethal weapons. However, the California law for assault with a dangerous weapon does not classify hands, feet, and other body parts as lethal weapons (however, a person can still be convicted of assault with a deadly weapon if they strike someone with their hands or feet with force likely to produce great bodily injury).
Talk to an attorney if you are facing charges
Depending on how it is used, practically anything can be a lethal weapon. For this reason, it’s crucial to have a knowledgeable attorney on your side to represent you and fight any accusations of assault with a deadly weapon. To help you get the best result possible, your attorney may argue that the item you used did not actually constitute a deadly weapon or present other factual or legal grounds.
At the Chambers Law Firm, we are committed to vigorously defending the interests of our clients. To schedule a free initial consultation call us at 714-760-4088 right now.
