Assault With a Deadly Weapon Defense
Understanding Assault With a Deadly Weapon Law
Assault with a deadly weapon is a serious criminal offense in California, and Marin County courts are known to impose significant penalties on defendants facing such charges. For example, if you are convicted of assault with a deadly weapon, you face up to four years in state prison and be ordered to pay fines of up to $10,000. The severity of the offense and potential long-term ramifications are why you should take action to protect your rights by contacting Kevin Heaney, an experienced Marin County assault with a deadly weapon defense attorney.
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What is Assault With a Deadly Weapon?
According to California Penal Code Section 245(a)(1), the criminal offense of “assault with a deadly weapon” occurs when someone commits an assault on another with a deadly weapon other than a firearm. A deadly weapon is not limited to a knife or firearm. In fact, a deadly weapon can be any object or instrument – such as an automobile, baseball bat, beer bottle, etc. – used in a manner capable of producing great bodily injury or death.
Intent is an important element in assessing whether you allegedly committed assault with a deadly weapon. If you accidentally caused harm, such as inadvertently hitting a pedestrian with your car, you likely would not be charged with assault (though possibly another criminal offense like vehicular manslaughter).
When it comes to assault with a deadly weapon, there needs to be evidence indicating you acted willfully with the intent to commit great bodily harm against the victim. Nevertheless, it is important to note that assault with a deadly weapon is a general intent crime, which means a prosecutor does not have to prove you had specific intent to cause harm to another individual. Rather, they only need evidence indicating you generally intended to commit the act itself.
Charges and Penalties
You may be wondering what penalties can be imposed if convicted of this offense, or you may be asking yourself, “what is the minimum sentence for assault with a deadly weapon?” Keep reading to get the answer.
In California, assault with a deadly weapon is a “wobbler” offense. Generally speaking, wobbler offenses can be charged as either a misdemeanor or a felony, depending on the specific facts of your case and whether you have a prior criminal record.
Facts that prosecutors in Marin County consider when determining whether to charge you with misdemeanor or felony assault with a deadly weapon include:
- The type of deadly weapon or instrument used in the incident;
- The extent and severity of the injuries suffered by the alleged victim; and
- Whether the alleged victim was a protected person (e.g., law enforcement officer)
If you are convicted of misdemeanor assault with a deadly weapon, you could face up to one year in county jail and be ordered to pay a fine of up to $1,000.
If, on the other hand, you are convicted of felony assault with a deadly weapon, the penalties are much harsher. For example, felony assault with a deadly weapon that is not a firearm is punishable by up to
four years in state prison and fines of up to $10,000.
Felony assault with a deadly weapon involving a firearm is punishable by up to nine years in prison and $10,000 in fines. If there is evidence indicating you used a machine gun, assault weapon or .50 BMG rifle, you could face up to 12 years in prison.
How a Criminal Defense Lawyer Can Help
As you can see, being charged with the offense of assault with a deadly weapon is serious and can have life-altering consequences. This is why it is important to retain the services of an experienced Marin County criminal defense attorney like Kevin Heaney. You owe it to yourself to have top-notch legal representation.
Once retained, Kevin will go to work building your defense. Some common defense strategies that are relevant to assault with a deadly weapon cases include:
- Self-defense or defense of others;
- Lack of intent to cause harm;
- False accusations or mistaken identity; and/or
- Lack of sufficient evidence to prove the charge
Why Choose Kevin Heaney?
If you were charged with assault with a deadly weapon, retaining effective and experienced legal counsel is strongly recommended. Why? Because having an assault conviction on your record can have significant, life-altering repercussions and harsh penalties. The Law Offices of Kevin Heaney understand the nuances of the California criminal code and will work tirelessly on your behalf to advocate for your interests. Kevin Heaney has over 25 years of experience in criminal defense and a proven track record of successfully defending assault cases.
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