Assault with Deadly Weapon
Assault with Deadly Weapon can lead to serious consequences. Its not a simple assault. It is defined as an assault with a weapon or force that can cause great bodily injury. Simple assaults can just be an attempt or ability to inflict injury on another person. In this case however you have to inflict a substantial injury that will be assessed if its considered a great bodily injury. Some common great bodily injuries include broken bones. Cuts that requiring stitching. Concussions can also fall under this category. An important thing to note is that you do not actually have to inflict these types of injuries. The crime states that you are ABLE to inflict these types of injuries.
What is a Deadly Weapon
Assault with a deadly weapon covers a wide array of weaponry. These include but are not limited to knives. Beer bottles. And a gun (a semi-auto and an automatic are two different categories). A means of force however falls in this category as well. Hands, feet and teeth does not fall into deadly weapons but they are included in a means of force. Assault with deadly weapon can be charged if you punch, kick, or bit someone in such a serious way that it falls under great bodily injury.
Punishments for Assault with Deadly Weapon
The punishments can range and vary depending on what was used, how bad the injuries were, and who was the victim. It is a wobbler and can be a felony or misdemeanor.The baseline punishments without a firearm can include a 5 year probation. max one year county jail. max $10,000 fine. weapon confiscation. Anger management classes and community service. And if possible a restraining order. These charges get more severe if you use a gun. If that gun was an automatic. And if that person was on-duty peace officer or a fire fighter. It will result in increased prison sentences and a strike on your record according to the three strike law.
Don’t be alone when defending against an Assault with deadly weapon case. Its important to have an attorney cover your back and teach the work arounds.