Peter Blair | July 8, 2015 | Featured Front Page
An assault with a deadly weapon is a crime in California, in accordance with the state’s Penal Code 245. Often, an assault with a deadly weapon is known as “ADW” in California. Penal Code 245 defines deadly weapon assault, or “ADW,” as an attack in which a deadly weapon was used. California’s Penal Code 245, also states assault with a deadly weapon is a crime when force is used to cause severe injury to one’s body. Furthermore, according to Penal Code 245, an “ADW” is an attempt to hurt someone in California, and to do so violently.
What Is A Deadly Weapon?
In California, any weapon that could cause serious injury or death is considered a “deadly weapon.” That means most guns are considered an assault weapon because they could seriously harm or kill an individual during an attack. A knife often is not considered a deadly weapon in light of California’s Penal Code 245. However, if the knife is used in a very violent manner during an assault, it may be considered, under certain circumstances, as a deadly weapon. An “ADW” charge then could result.
Consequences Of An “ADW” Conviction
An assault with a deadly weapon in California may be charged as a misdemeanor or felony, depending on what allegedly took place, in accordance with Penal Code 245. If a person is convicted in court of “ADW,” his or her punishment depends on the case’s circumstances. According to California Penal Code 245, penalties for an assault with a deadly weapon depend specifically on the weapon used during the alleged assault; the severity of the injuries a victim sustained during the alleged assault; and the occupation of the person charged, especially considering if he or she is in law enforcement or public safety. Under Penal Code 245, a person convicted of “ADW” could face a year in jail for a misdemeanor conviction or up to four years in state prison for a felony conviction.
Defending An Assault With A Deadly Weapon Charge
It is important to understand, someone in California may be charged with “ADW” even if someone was not seriously hurt during the incident that allegedly took place. Regardless, the charge of assault with a deadly weapon still is serious in California. If charged, it is advisable to seek legal advice from a highly skilled California criminal defense attorney. He or she is able to determine the most appropriate defense based on the alleged situation and fight the charge. There are several defense options a defense attorney could use on behalf of his or client. Perhaps, a deadly weapon was not even used in the assault. Maybe, the person charged was acting out in self defense, in response to the other person’s attack. Even still, the individual may have been wrongfully accused of “ADW” in California or he or she lacked the intent to cause harm to someone. If you or a loved one have been charged with using a gun or knife as a deadly weapon during an alleged assault, contact my office today for a free consultation to further discuss the most appropriate “ADW” defense for your case.