Results of a Misdemeanor Conviction for ADW
Misdemeanor charges are less serious than felony accusations here in California. Individuals charged with misdemeanor ADW can end up facing:
- Fines of up to $1,000
- Jail time of up to one year
- Summary (misdemeanor) probation
Note that the prosecution gets to decide how to handle an ADW charge. The prosecution usually looks at the facts of the case and an individual’s past criminal record, before making a decision on how to deal with the charges.
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Results of a Felony Conviction for ADW
The court treats felony accusations for an ADW charge more seriously. These charges can lead to:
- Fines of up to $10,000
- Prison time of up to four years
- Formal (felony) probation
It’s important to understand that ADW charges must involve a dangerous weapon of some kind. Knives, clubs, explosives, and even broken glass can all qualify as deadly weapons in the state of California. Firearms are another kind of deadly weapon, however, assaults involving firearms are not covered under ADW laws.
Assault with a Firearm and Penalties in California
Assault with a firearm is a standalone criminal charge in California. This charge is a “wobbler,” or a charge that can be treated as either a misdemeanor or a felony if it involves an “ordinary” firearm. Ordinary firearms are weapons such as:
- Most rifles
A misdemeanor conviction could result in jail time of six months. However, this charge can also be a felony. Assault with a firearm is always a felony if it involves assault weapons, machine guns, semi-automatic firearms, or .50 BMG rifles.
Felony convictions for assault with a firearm can lead to up to 12 years of prison time.
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Other Aspects of ADW Charges in California
The court system in California has one other major criterion for handling ADW charges. Individuals face different penalties if they are accused of assaulting a police officer or a firefighter with a deadly weapon.
Committing a basic ADW on a firefighter or police officer can lead to up to five years of prison time. Committing an ADW with a firearm on a firefighter or police officer is more severe and can lead to up to 12 years of prison time.
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Additional Results of an ADW Conviction in California
As you can see, an ADW conviction can result in incarceration, fines, and probation here in Los Angeles. However, these are not the only penalties for an ADW conviction. The court system can also restrict an individual’s gun rights if they are convicted of a felony.
Felons in the state of California are not allowed to own or purchase firearms. Possession of a firearm by a felony can lead to additional criminal charges in our area. Felony convictions for ADW can also result in deportation if a non-citizen gets convicted of this violent crime.
Finally, some ADW convictions are subject to California’s “three strikes” law. Individuals will get a “strike” on their record for felony convictions involving the use of a deadly weapon. A strike will count against individuals charged with subsequent felonies.
Individuals with two strikes will have their prison sentence doubled here in California. A third strike will lead to life in prison.
Ask a Lawyer About Penalties for an Assault with a Deadly Weapons Charge
The penalties for assault with a deadly weapon include fines, incarceration, and probation. This charge can also lead to immigration consequences, restrictions on your gun rights, and a strike on your record. Work to handle an ADW charge today with the Simmrin Law Group’s assault lawyers, starting with a free consultation.
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