Every criminal charge should be handled seriously, and assault with a deadly weapon is no exception. We at Chambers Law Firm are prepared to support you in your endeavor. Continue reading to find out more about the charge and what it can imply if you are found guilty. Call us at 714-760-4088 to schedule a consultation after that.
What does ‘assault with a deadly weapon’ actually mean?
What constitutes a “deadly” weapon is one of the initial inquiries some individuals have regarding accusations of assault with a deadly weapon. Using a lethal weapon while attempting to assault someone is what California classifies as this felony. For instance, you might be charged with assault with a deadly weapon if you were to stand in front of someone while pointing a gun at them or if you were holding a knife and threatening to stab them.
A “deadly” weapon, according to California law, is one that poses an immediate threat of harm. Of course, weapons like guns and knives are obvious examples, but even common objects like your car or a hammer may be lethal.
This offense is a wobbler
This offense is regarded as a wobbler offense in California. This means that depending on the evidence, it may be charged as a felony or a misdemeanor. The prosecution will consider the type of weapon, any injuries that may have been sustained, and any mitigating circumstances. A protected person, such as a police officer, who was assaulted, for instance, would probably face criminal charges.
You may be subject to a lengthy prison term and hefty penalties
If you are found guilty of a misdemeanor, you might spend up to six months in county jail and be subject to fines of up to $10,000. If a firearm was used in the assault, the minimum penalty is six months in prison.
A felony conviction, on the other hand, might lead to a four-year in-person sentence. Once more, fines could reach $10,000. Keep in mind that it will also count as a strike under the three strikes rule in this state. If a firearm was used during the assault, the prison sentence can be increased, just as it would be for a misdemeanor. In fact, if the victim was a police officer or other protected person, you might face up to twelve years in prison.
You must retain legal representation for your criminal defense
There is no way to avoid it: You require a skilled criminal defense lawyer. This terrible charge has the potential to affect the rest of your life. The first thing we’ll do when you hire Chambers Law Firm is examine the evidence against you. In other circumstances, we might start working right away to exclude some or all of the evidence. Charges might be dropped as a result of this.
If that’s not an option, we might try to negotiate a plea agreement. For instance, if you are accused with a felony, we can try to persuade the prosecution to accept a misdemeanor charge in exchange for your guilty plea. Of course, if required, we won’t hesitate to represent you in court. Calling us at 714-760-4088 is the best approach to find out what your best alternatives are.