Possession of a Deadly Weapon With the Intent to Assault Someone
There are several elements of a PC 17500 charge in California. The prosecution has to “prove” all of these elements in order to secure a conviction. It is up to the prosecution to show that someone:
- Had or was carrying a deadly weapon
- Knew that the weapon was deadly
- Intended to use that weapon to assault someone
PC 17500 is a crime of intent in California. This type of crime means that charges can apply even if the individual does not successfully carry out an act of assault. Merely intending to use a weapon to try to harm someone else is a crime in California.
Assault and Deadly Weapons As Defined by California Law
PC 17500 handles both the crimes of assault and attempted assault with a deadly weapon. It’s important to understand what each of these terms means, so you know how to defend your case.
The Legal Definition of Assault
Assault is a crime in California. The state uses Penal Code 240 to prosecute assault. Assault represents an attempt to touch someone in a harmful or offensive way. You do not have to successfully injure someone to face assault charges.
The Legal Definition of a Deadly Weapon
Deadly weapons are harder to define in California. The state does not have a set list of weapons that are considered deadly. However, there are many weapons that are considered dangerous by the court. These include:
- Knives and bladed weapons
Not all deadly weapons are as obvious. In some cases, baseball bats and other clubs can be considered deadly weapons. Even rocks or power tools are sometimes treated as deadly weapons. The Simmrin Law Group can help you review other kinds of deadly weapons.
The Results of a PC 17500 Conviction in California
The court system treats PC 17500 charges as a misdemeanor-level offense. Possession of a deadly weapon with intent to assault can result in:
- Fines of up to $1,000
- Jail time of up to six months
- Summary probation
In some cases, the court uses probation for PC 17500 cases. Individuals on probation don’t have to stay in jail. Instead, they must obey a number of rules from the court system. Disobeying these rules can result in a probation violation. The court can remand an individual back to jail if they violate their probation in California.
Defenses for the Possession of a Deadly Weapon With Intent to Assault
Note that not all defenses against PC 17500 charges work in every case. A criminal defense lawyer in Los Angeles can review your case and decide on the best defense for your situation. A lawyer can work to show that:
- You did not have a deadly weapon
- You did not intend to assault anyone
- You were falsely accused
You did Not Have a Deadly Weapon
You should not face PC 17500 charges if you did not have a deadly weapon in your possession. Let’s say you had an item in your possession that does not qualify as a deadly weapon. Perhaps, for instance, you had a toy gun. Toy guns are not usually capable of causing someone serious injury.
You did Not Intend to Assault Anyone
Your lawyer can argue that you had no intent to commit assault. Perhaps you had a deadly weapon, like a firearm. However, you can legally carry a firearm with the correct permits and approval. You should not be convicted under PC 17500 if you did not intend to hurt anyone.
You Were Falsely Accused
False accusations are quite common. There are many things that can lead to a person being falsely accused. In some instances, false accusations occur because the accused looks like the actual perpetrator. Other times, the witness may have seen the accused around the same time that they saw the crime take place and they got confused.
Then there are other occasions where the accuser has something against the accused and identifies them in an attempt to get revenge.
There are many charges related to Penal Code 17500 that you could face in addition to this charge or instead of it. Among these charges are:
- California Penal Code Section 417: Brandishing a Weapon
- California Penal Code Section 422: Making Criminal Threats
- California Penal Code Section 25400: Carrying a Concealed Weapon
If you face these charges in addition to a California Penal Code Section 17500, you could be faced with additional jail time or increased fines.
Does Penal Code Section 17500 Count as a Strike
A conviction of a violation of PC Section 17500 for possession of a deadly weapon with the intent of committing assault does not count as a strike under California’s Three Strikes Law.
However, if you actually use the deadly weapon to cause another person physical harm, you could be charged with a variety of more serious violent felonies. Many of these crimes do count as strikes under this law.
Talk to a Lawyer About How to Fight Penal Code 17500 Charges
Contact the Simmrin Law Group if you are facing Penal Code 17500 charges. Our criminal defense lawyers in Los Angeles are standing by to help you today. Talk to us for help if you are accused of possessing a deadly weapon with intent to assault. We’ll go over your case now with a free consultation.
Contact us today by phone. You can also complete our online contact form.