Defending the Rights of People Who Are Facing Criminal Charges for Assault with a Deadly Weapon

Assault with a deadly weapon is a very serious charge in California, and a conviction can either land you in jail or result in a large monetary fine. In order for you to be found guilty of assault with a deadly weapon, the prosecutor in your criminal case must satisfy the required burden of proof. In other words, the prosecutor must be able to show that, beyond a reasonable doubt, you committed the crime.

When it comes to defending a serious criminal charge like assault with a deadly weapon, the assistance of a skilled attorney can be extremely helpful. The experienced Sacramento assault defense lawyers at The Law Offices of David S. Chesley can help you put forth a good legal defense and will work toward obtaining the best possible result for you in your case. Call us today to schedule a free case evaluation with an attorney.

Elements of the Charge

In order to convict someone for assault with a deadly weapon in California, the prosecutor must be able to satisfy each of the legal elements of the charge. Those elements include all of the following:

• That the defendant did something that was likely to result in force being applied to another person
• That the defendant accomplished this act by using a deadly weapon – or performed an act which was likely to bring about serious bodily harm to the other person
• That the defendant’s actions were willful
• That at the time of the incident, the defendant knew of facts that would cause a reasonable person to believe that the act would bring about force to another person
• That at the time of the incident, the defendant had the ability to use force with a deadly weapon or force that would result in serious bodily harm

When it comes to the “application of force” element of this offense, any touching which is offensive or harmful will count. This is true even if it was a light touch – and even if the touch did not cause any injury to the alleged victim. Moreover, in order for the crime to qualify as an assault, the defendant does not even need to succeed in the touching. It is sufficient if the defendant acted in such a way that force would have likely been applied to the alleged victim.

A “deadly weapon” is a broad term under California law. A deadly weapon that is used during an assault can be any weapon, instrument, or object which is used in a way that it is capable of leading to serious bodily injury or death for the intended victim. Examples of deadly weapons used in California assaults include guns (regardless of whether they are loaded or unloaded at the time of the assault), glass bottles (when used to attack the alleged victim), pencils (when used to stab the alleged victim), BB guns, and cars (when used to try and run over someone).

Great bodily injury, on the other hand, is a significant physical injury which results in something more than minor harm. Because the definition of “great bodily injury” is extremely vague, a California jury has wide discretion when it comes to determining whether the alleged victim in an assault case suffered great bodily injury.

In order to qualify as an assault with a deadly weapon, the assault must also be willful. This means that the defendant must have intended to hurt someone, to break the law, or to gain some sort of advantage.

Finally, in order to qualify as an assault with a deadly weapon, the defendant need not specifically intend to use force against the alleged victim, Instead, the defendant only needs to be aware of the likelihood that his or her actions would result in the application of force to the alleged victim.

If the prosecution is not able to prove all of the legal elements of a California assault with a deadly weapon charge, it will not be able to obtain a conviction against the defendant. The experience California assault defense lawyers at The Law Offices of David S. Chesley will be able to determine whether the prosecution has met its required burned of proof and can aggressively defend and advocate for you in the courtroom.

Potential Penalties upon Conviction

If you are convicted of assault with a deadly weapon, you will likely face several harsh criminal penalties. These potential penalties are outlined in the California Penal Code. Pursuant to the Code, assault with a deadly weapon, like some other California crimes, is considered a “wobbler” crime. This means that the prosecution may bring the charge as either a misdemeanor or as a felony – a decision which is solely up to the prosecutor, based upon the facts and circumstances of the case. The defendant’s prior criminal history is also considered.

In determining whether to charge a particular crime as a felony versus a misdemeanor, the prosecutor will likely consider several factors. Those factors include the type of weapon which the defendant used in the commission of the assault, whether the alleged victim suffered an injury during the assault (and if so, the nature and severity of that injury), and the identity of the alleged victim (i.e. whether the victim was a police officer or other individual with protected status).

The potential penalties upon conviction depend upon whether the charge is ultimately a felony or a misdemeanor. In the case of a misdemeanor assault with a deadly weapon (i.e., where the weapon is not a firearm), the defendant may be sentenced to a period of misdemeanor probation, a maximum of one year of incarceration in the county jail, and/or a maximum fine of $1,000.

If the defendant is convicted of felony assault with a deadly weapon (i.e., where the weapon is not a firearm), the defendant may be sentenced to a period of felony probation; a period of two, three, or four years’ incarceration in state prison; and/or a maximum fine of $10,000.

If you are convicted of assault with a deadly weapon where the weapon is a firearm, you will likely face stricter penalties. If an ordinary firearm was involved, the prosecution still has the discretion to charge the crime as either a felony or a misdemeanor, and the same basic penalties apply. A misdemeanor firearm charge, however, carries a minimum sentence of 6 months’ incarceration in county jail.

The conviction will always be a felony, however, if the weapon used in the assault was a semiautomatic firearm. This can result in a prison sentence of three, six, or nine years.

Sacramento assault defense lawyers at The Law Offices of David S. Chesley may be able to help you negotiate a favorable plea deal with the prosecutor or argue for a favorable charge reduction on your behalf. Our attorneys may also be able to help you assert a good legal defense, such as self-defense (or defense of others), or lack of specific intent to commit the crime.

Talk to our Experienced Sacramento Assault Defense Lawyers

If you are accused of committing assault with a deadly weapon, the legal team at The Law Offices of David S. Chesley will fight for you in court. To schedule a free consultation and case evaluation with one of our Sacramento assault defense lawyers in Sacramento, please call us today at 1-800-755-5174, or contact us online.