In San Diego, CA, an assault with a deadly weapon case is taken very seriously by law enforcement and the courts. These charges can have significant implications for anyone accused, often leading to long prison sentences if convicted. Understanding how these charges are defined in California and what your options are is crucial if you’re facing this situation.
If you’ve been arrested and charged with a crime, contact Blair Defense Criminal Lawyers to schedule a free consultation with an experienced San Diego assault with a deadly weapon attorney. Give us a call at (619) 357-4977.
Table of Contents
How Blair Defense Criminal Lawyers Can Help if You’re Arrested for Assault With a Deadly Weapon in San Diego
If you’re facing an arrest for assault with a deadly weapon in San Diego, California, having dedicated legal representation is one of the most important steps you can take to protect yourself and your future. Here’s how Blair Defense Criminal Lawyers can help you in this situation:
- We will thoroughly review all the evidence against you to uncover inconsistencies or procedural errors that may weaken the prosecution’s case.
- Our team will negotiate with the prosecutor to obtain a plea deal if that’s in your best interest
- We will be ready to represent you at trial if you decide not to take the plea deal or if one isn’t offered.
Working with an experienced criminal defense attorney in San Diego, California, is always a good idea when facing criminal charges. Contact our trusted San Diego violent crimes lawyers to set up a free case review today.
Overview of Assault With a Deadly Weapon in California
In California, assault with a deadly weapon is defined by several elements that must be present for an act to be charged in this manner. They include:
- Direct Application of Force: The accused performed an act that inherently is likely to result in the application of force to another person.
- Use of a Deadly Weapon or Force: The act was carried out either with a deadly weapon or with force likely to cause great bodily injury.
- Willful Action: The accused acted willfully, meaning the act was performed on purpose.
- Awareness of Consequences: At the time of the act, the defendant was aware of facts that would lead a reasonable person to realize that the act would directly and probably result in the application of force to someone.
- Capability to Apply Force: The individual had the present ability to apply force using a lethal weapon or force likely to produce great bodily harm.
Based on the definition of the crime, there is no requirement that the alleged victim actually suffer an injury or even experience physical contact of any kind.
What Is a Deadly Weapon?
For purposes of this statute, a “deadly weapon” is any type of weapon or object capable of producing death or great bodily injury. This definition includes the obvious lethal weapons such as guns and knives, but other objects can be deadly weapons as well. A few examples include an unloaded gun that is used to hit someone, a bottle used to attack someone, or even a pencil if used to stab another person.
What Are the Penalties for Assault With a Deadly Weapon in San Diego, California?
The penalties for assault with a deadly weapon are dependent on the specifics of each case:
Without a Firearm
When assault with a deadly weapon is committed without a firearm, it is considered a “wobbler,” which can be charged as a misdemeanor or a felony.
If charged as a misdemeanor, penalties can include up to 1 year in jail and/or financial penalties of up to $1,000.
If charged as a felony, the penalty increases to up to 4 years in prison.
With a Firearm
When a firearm is involved, assault with a deadly weapon is automatically charged as a felony. Penalties include up to four years in California state prison and/or fines of as much as $10,000.
When Using Certain Firearms
More severe consequences are given for assaults that involve specific types of guns. If the assault was made using a semiautomatic firearm, a machine gun, an assault weapon, or a .50 BMG rifle, the charge is a felony and carries up to 12 years in prison.
Assault With a Deadly Weapon Against a Police Officer or Firefighter
Committing this crime against a police officer or firefighter (if the defendant knew or should have known their identity) also escalates the penalties and will always be charged as a felony. If a firearm wasn’t used, the penalties include up to 5 years in jail. If a firearm was used, a sentence could include up to 12 years in prison.
No matter how it is charged, assault with a deadly weapon is a charge that carries serious repercussions.
What Defenses Can Be Raised if I’m Arrested for Assault With a Deadly Weapon?
Several defenses can be raised by your criminal defense attorney to fight back against these charges. Some common ones include:
Not a Deadly Weapon
Certain objects may not fall under the legal definition of a “deadly weapon.” Your attorney can argue the item used was not capable of causing great bodily injury or death, potentially reducing your charges or leading to an acquittal.
Self-Defense
If you reasonably believed that you or another person was in imminent danger of being seriously harmed or killed and your reaction was necessary to prevent this from happening, self-defense could be a successful defense. It must be shown that no more force than necessary was used to prevent the harm.
Accident/No Intent
If there was no criminal intent involved during the incident – meaning if it happened by accident or due to a misunderstanding, this could serve as a defense that the assault was not willful, which is required for conviction.
False Accusations
Sometimes, claims are made out of anger, jealousy, or for other personal reasons. Your attorney may be able to show that the charges were made up and that you did not actually commit them or any other act of violence.
No matter the circumstances, it’s important to contact an experienced criminal defense attorney immediately.
Navigating an assault with a deadly weapon charge is overwhelming and generally demands strong legal representation. The attorneys at Blair Defense Criminal Lawyers will do everything we can to protect your rights and your freedom. Reach out today to schedule a free consultation with a San Diego assault with a deadly weapon attorney.
