This crime can be charged as either a felony or a misdemeanor.
In California, it is a crime to assault someone — that is, to attempt to unlawfully commit a violent injury on another person. It is also a crime to assault someone with a deadly weapon, and this offense can be charged as either a felony or a misdemeanor, depending on the facts of the case and your criminal history. So what exactly is assault with a deadly weapon?
Under California law, assault with a deadly weapon can be charged in one of two situations: (1) by assaulting another person with a deadly weapon, OR (2) with force that is likely to produce great bodily injury. This means that the prosecution has to prove either that you used a deadly weapon against another person or that you used a significant amount of force.
While it may be tempting to think of deadly weapons in terms of traditional weapons — like a gun, knife, sword or even a baseball bat, a deadly weapon can be almost any object that can be used in a way to produce death or great bodily injury. Under this definition, a deadly weapon could include anything from a car (when used to try to run someone over) to a pencil (when used to try to stab someone) to a wrench (when used to hit someone) to a vase (when used to attack someone). Hands and feet are not considered to be deadly weapons under this definition.
However, if a person’s hands and feet are used to produce “great bodily injury,” that could be considered assault with a deadly weapon.” If a physical assault involves the use of force that is likely to cause something greater than minor physical harm, then assault with a deadly weapon could be charged. Because this definition is so broad, prosecutors have a lot of discretion in charging this offense. A skilled California criminal defense attorney may be able to have this charge reduced or dismissed on this basis.
Assault with a deadly weapon is considered a wobbler offense, which means that the prosecutor can choose to charge it as with a felony or a misdemeanor crime, depending on the facts of the case, your criminal history and other factors. This may include the type of weapon used in the assault (if any), whether the alleged victim suffered any injury, and if so, how severe the injury was. and if the victim was a law enforcement officer or other protected person. For a charge of assault with a deadly weapon not involving a firearm, the potential sentence ranges from up to one year in county jail for a misdemeanor to up to four years in state prison for a felony charge. For an assault with a deadly weapon charge involving a firearm, a misdemeanor charge will result in a minimum of six months in county jail, while a felony charge will result in up to 9 years in state prison.
If you have been charged with assault with a deadly weapon or another violent crime, you will need the assistance of an experienced California criminal defense lawyer. At the Chambers Law Firm, our attorneys stand ready to advocate for clients who have been charged with all types of California criminal offenses, including assault with a deadly weapon. We will work with you to develop strong defenses to the charges, and will aggressively work towards a reduction or dismissal of the charges against you whenever possible. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
