Every criminal charge should be taken seriously and that’s certainly true of assault with a deadly weapon. At Chambers Law Firm, we are ready to help you through this process. Read on to learn not just what the charge entails, but what it could mean if you’re convicted. Then call us at 714-760-4088 to set up a consultation.
What exactly is assault with a deadly weapon?
One of the first questions some people have about assault with a deadly weapon charges is what constitutes a “deadly” weapon. California defines this crime as attempting to assault a person while using a deadly weapon. For example, if you were to stand in front of a person while pointing a gun at them, or you had a knife and were threatening to stab them, then you could be charged with assault with a deadly weapon.
California further defines a “deadly” weapon as anything that could potentially cause imminent threat of harm. Of course, guns and knives are obvious examples but even something like your vehicle or a hammer can be considered deadly weapons.
This is a wobbler offense
California considers this offense a wobbler offense. This means that it can be charged either as a felony or a misdemeanor – it all depends on the evidence. The prosecutor will look at the type of weapon, what (if any) injuries were sustained, and mitigating factors. For example, it’s likely to be charged as a felony if the person being assaulted was a protected person such as a police officer.
You could be facing a long prison sentence and significant fines
If you get charged as a misdemeanor then you could spend as much as six months in county jail and have to pay fines of as much as $10,000. In the event that a firearm was used in the assault, then the minimum jail sentence is six months.
On the other hand, a felony conviction could result in as long as four years in person. Fines could once again be as much as $10,000. Remember that it will also count as a strike under this state’s three strikes law. Just as is true of a misdemeanor, if a firearm was used during the assault then the prison time can be maximized. In fact, you could be spending from nine years in jail and up to twelve if the victim was a police officer or protected person.
It’s essential that you hire a criminal defense attorney
There’s no two ways about it: You need an experienced criminal defense attorney. This is a serious charge that could change the rest of your life. When you work with Chambers Law Firm, the first thing we’ll do is look at the evidence against you. In some cases, we may immediately get to work having some or all evidence excluded. This could lead to a dismissal of charges.
If that’s not an option, then we may work for a plea deal. For example, if you’re charged with a felony then we may work to get the prosecutor to agree to a misdemeanor charge if you plead guilty. Of course, we are not afraid to take your case to court if necessary. The best way to find out what your best options are is to call us at 714-760-4088.
