Assault is a serious crime on its own, but it is much more severe when a deadly weapon is used. Most people think of a gun or knife as deadly weapons. While a gun is the most common type of deadly weapon, many other items can also be considered deadly weapons.
Any object that is used to commit a violent injury to another person could be a deadly weapon. Assault with a deadly weapon is governed by California Penal Code 245. It is also called aggravated assault. If you are charged with assault with a deadly weapon you will face severe penalties if convicted.
Assault with another type of deadly weapon, other than a gun, requires the prosecutor to first prove that an assault took place. The prosecutor must prove the elements of assault beyond a reasonable doubt.
- An assault is defined as “an unlawful attempt coupled with a present ability to commit a violent injury on the person of another.”
- The prosecutor must prove that you used a deadly weapon or force that is likely to cause bodily injury during the commission of the crime of assault.
- Many everyday objects may be considered deadly weapons if they are used in a manner that could cause severe injury to another.
- Some objects that may be deadly weapons include a baseball bat, lamp, pipe, frying pan, chair, fork, tire iron, pencil, and many others.
- Almost any object has the ability to seriously harm someone, depending on how it is used. The object coupled with intent and action can cause almost any object to potentially cause severe injury or death to another.
The penalties for assault with another deadly weapon are the same as those for assault with a firearm. The charge may be a misdemeanor or felony. If convicted of felony assault with a deadly weapon, you could face up to four years in jail and fines of up to $10,000. A misdemeanor conviction penalty includes up to a year in jail and fine of up to $1,000.
If you have previously been convicted of a similar violent crime, the penalties will increase. The prosecutor must prove that you used an object that was intended to cause serious injury to another person.
- To prove assault with a deadly weapon, the prosecutor must first prove assault. The prosecutor must then prove beyond a reasonable doubt that you used an object as a deadly weapon in the commission of the crime.
- The Three Strike Law applies to violent felonies. If you were previously convicted of a felony, the penalties for a second strike double. The penalties for a third strike increase to 25 years to life in prison.
- A skilled criminal defense attorney will evaluate the details of the situation and raise potential defenses on your behalf. Call us today for a free case evaluation.
If you or a loved one is facing assault with another deadly weapon charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
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The Law Offices of David Lehr provides legal representation to individuals facing felony charges of assault with another type of deadly weapon in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
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