If you have been charged with assault with a deadly weapon, you should know that you face much more substantial penalties than a normal assault charge. In Los Angeles, assault with a deadly weapon can be charged as a felony and is considered a serious, violent crime.
Depending on your case, you could face four years in state prison or even longer. Do not risk facing this charge alone. You need to speak with a Los Angeles assault with a deadly weapon defense attorney at Simmrin Law Group who understands how to fight your charges.
What Is Assault With a Deadly Weapon in California?
California recognizes many different assault charges, each with its own penalties. Assault with a deadly weapon is described under California Penal Code 245(a)(1). The basic definition of this charge is:
- You willfully assaulted another person, knowing you could cause harm;
- You did so using a deadly weapon; and
- The weapon was not a firearm
Although this is the strict definition, there are two important things you should know about this charge:
- The legal definition of a “deadly weapon” is very flexible. You could be convicted even if the object you used is not normally considered a weapon.
- You can be convicted even if no one was hurt. For the purposes of this charge, even attempting to attack someone with a weapon, or trying to but missing, counts as an assault.
This means that even threatening someone with a weapon, or throwing an object at them that misses, can be construed as “assault” in some cases.
For a free legal consultation with a assault with a deadly weapon defense lawyer serving Los Angeles, call (310) 928-9347
What Counts As a Deadly Weapon?
You would be surprised at what law enforcement will describe as a deadly weapon. Besides knives and guns, any object that’s likely to cause harm (or likely to apply force to another person) can count. Some very real examples include:
- Driving at someone with your car
- Using a beer bottle
- A screwdriver, piece of broken glass, or any other sharp object
- Sicking your dog on someone
- Swinging an object at someone’s head, even a relatively light object
Even tiny objects like pencils can count as deadly weapons.
The reason the law makes this distinction is that if a person grabs any object at all to hit someone else, they are doing it because they think it will do more damage than just using their hands. In theory, that means they want to cause more harm than they could do unarmed, which is a more serious crime.
There is a chance that an assault with a deadly weapon attorney in Los Angeles could be able to prove that your weapon was not deadly. At your free consultation, your lawyer will assess your case and tell you what they think they can do for you.
Los Angeles Assault With a Deadly Weapon Defense Lawyer Near Me (310) 928-9347
What Should I Do if I’m Charged With Assault With a Deadly Weapon?
Whether it is you or someone you love who was arrested, the answer is the same: know your rights and be your own advocate. There are three things you can do to protect yourself during and after your arrest:
- Do not answer questions: The police will question you at length and may threaten you, intimidate you, or even promise to help you. Don’t believe anything. Their only objective is to get you to incriminate yourself. Remember that “anything you say can be used against you in a court of law” and say NOTHING. Only tell them that you want to speak to your lawyer, then stay quiet.
- Don’t lose hope: The police or prosecutor will often tell you that there is no way out of going to jail. Don’t believe this. We often see cases that fall apart as soon as the accused person has a competent lawyer. Remember that people can and do beat assault charges all the time.
- Don’t try to do it alone: You need a legal professional to help you if you want the best chance of winning your case. Talk to an L.A. assault with a deadly weapon lawyer as soon as possible.
Our firm is here to help people accused of crimes in Los Angeles. Having one of our attorneys by your side can make the difference between a severe sentence and a reduced or even dropped charge. You can schedule a free, no-obligation consultation with a violent crimes lawyer in Los Angeles today.
What Are the Penalties for Assault With a Deadly Weapon in Los Angeles?
This offense can be charged as either a misdemeanor or a felony. The choice is up to the prosecutor and is determined mainly by what kind of weapon you used and how serious the injuries were (if any). Here are the penalties for each version:
- Misdemeanor assault with a deadly weapon: Up to one year in county jail.
- Felony assault with a deadly weapon: Two, three, or four years in state prison.
Bear in mind that the penalties for assault with a deadly weapon can be more severe if the person who was assaulted was a police officer or if you used a gun.
No one wants to face these kinds of penalties, and you do not have to if you are not convicted. A criminal defense lawyer can help you. The sooner you talk to an assault with a deadly weapon defense lawyer in Los Angeles, the more you help your case.
Complete a Free Case Evaluation form now
Defenses for Assault With a Deadly Weapon
While it may seem like the prosecution is dead-set on charging you with the worst sentence they can, there are certain defenses that our attorneys have up their sleeves that can help you. Our years of experience mean that we know what to say and when to say it to get you a reduced sentence.
Defences that we may use in your assault with a deadly weapon case include:
- Self-defense: You were defending yourself against someone who was threatening you or someone else. If you were defending your home, you are presumed to have a reasonable fear of imminent harm under the Castle Doctrine and the Daluiso v Boone decision.
- Lack of intent: You did not have any intent to harm the victim
- Mistaken identity or false accusation: You were not the person who actually carried out the assault
- Lack of force or ability to commit assault: The weapon did not have the potential for deadly force or assault
By investigating your case and looking for any telltale signs of a wrongful accusation, our assault with a deadly weapon defense attorneys in Los Angeles may be able to use these defenses to fight your charge.
Can an Assault With a Deadly Weapon Charge Get Dropped in Los Angeles?
It is possible for an assault with a deadly weapon charge to be totally dropped in Los Angeles. While the odds might be against you, if you have a skilled enough lawyer who knows how to build a strong case against your charge, it is possible. Without an experienced attorney by your side, getting your charges dropped is almost impossible.
To have the best chance at avoiding an assault with a deadly weapon charge in Los Angeles, you should talk to a lawyer before you talk to anyone else. The prosecution could try to use your words against you. One of our attorneys can walk through your entire case with you and make sure that you have the strongest defense possible.
How a Los Angeles Assault With a Deadly Weapon Defense Attorney in Los Angeles Can Help
No two assault cases are the same, and we know that there are elements of your case that may get overlooked by the prosecution or the judge. A skilled L.A. assault with a deadly weapon lawyer will know how to gather evidence and use it to show that you don’t deserve the severe sentence that you might be facing.
By hiring a Los Angeles assault with a deadly weapon defense attorney from our firm, you could be able to get your sentence reduced or even dismissed altogether. A felony conviction can be life-changing. Our lawyers could be able to get your charge lessened to a misdemeanor and allow you to live without having a felony hanging over your head for the rest of your life.
Talk to a Los Angeles Assault With a Deadly Weapon Attorney for Free
Don’t risk facing years in jail or prison. Get the legal help you need and let a professional defend your case. Our Los Angeles assault with a deadly weapon lawyers at Simmrin Law Group always take the side of the accused. We do not believe that your life should be derailed because of a single mistake.
We treat every client as if it’s our own family member facing the law. And we have only one mission: to defend those who are accused of criminal offenses and to help you move forward with your life. Let us help you protect yourself from the excessive penalties that assault charges carry, and help you put the past behind you.
Get in touch with us for a free, no-obligation consultation and advise you on your case. Fill out the form to the right or call us and get your free consultation today.