How does the law define assault with a deadly weapon?
The California Penal Code section 240 defines assault as an attempt to injure the victim when you have the proper intent violently. However, the law calls it assault when someone tries to commit injury. On the other hand, the penal defines battery as the actual injury.
For example, if you swung at someone during a fight or an allegation, law enforcement agencies can charge you with assault, even if you hit the hair.
Assault with a deadly weapon is called felony assault or aggravated assault. In other words, the charges mean you tried to assault someone with a deadly person. In addition, the actions resulted in a great injury to the victim.
- The Penal Code 245(a)(1) means someone hurt the victim other than a deadly object that is not a firearm.
- Secondly, Penal Code 24(a)(2) talks about assault with a firearm.
- Lastly, Penal Code 245(a)(4) means assault using force.
What is a deadly weapon?
The court will hear the argument from our assault with a deadly weapon lawyers in Encinitas, CA, about the use of objects. The assailant may have used a beer bottle, a vehicle, a knife, a piece of wood, a pet, or even hands to cause harm. In short, the outcome depends on the instrument that the offender used.
The actions can include hitting someone with a car. You can order a pet dog to attack someone. Moreover, the assailant may have thrown a beer bottle at someone. In similar words, pushing someone in the path of a vehicle or down the stairs. In addition, you can slam someone’s head on the sidewalk. Consequently, law enforcement will charge you with assault and battery.
Assault with a deadly weapon lawyers in Encinitas, CA, will request the court the interpret the use of the object. The prosecutors must prove that the actions caused more than regular harm. If they fail to prove it, the case of deadly assault falls apart.
Learn about the penalties from the assault with a deadly weapon lawyers in Encinitas, CA.
The prosecution will decide whether to treat the offense as a misdemeanor or a felony crime. However, the court will decide the matter based on the type of weapons and the injuries. Furthermore, the court will inquire about the victim and if they are a protected person.
However, the court will question the prosecution’s stance if the offender used a deadly weapon but did not cause bodily harm. The judge will add a stroke under the Three Strikes sentencing law. Continue reading about the basic consequences.
Misdemeanor Penalties
The California Penal Code 245(a)(1) imposes the following penalties if the court convicts the offense as a misdemeanor:
- Firstly, the offender spends one year in jail. The punishment includes a six-month incarceration period if the crime involved a firearm.
- In addition, the offender pays a fine of $10,000.
- The court can send you to formal probation.
- Moreover, the court will collect and dispose of the weapon.
- Furthermore, you must make restitution against the damage.
- The offender does community service.
- Lastly, the offender must attend an anger management course.
Felony Penalties
- The convicted spends four years in prison.
- In addition, the convicted spends 12 months in jail if the crime involves an assault weapon.
- Moreover, the court will send the convicted to nine years in jail if the action involves a semi-automatic weapon.
- The fines are a maximum of $10,000.
- The court will confiscate and dispose of the weapon.
- Finally, the court ordered the criminal to pay restitution.
- Lastly, the court will add a strike under the Three Strikes Law.
Assault with a deadly weapon lawyers in Encinitas, CA, warns the clients that the conviction leads to fines, imprisonment, and other life-changing punishments. The employer will access your permanent record when you apply for the job. As a result, it impacts your job adversely.
The professional committee with cancel the license after the court convicts you if you are a doctor, nurse, or teacher. Also, you may lose valuable time that you could have been spending with parents, partners, and children.
Finally, the court will also question the moral thinking of the offender. The law assumes it is morally unethical to hurt someone with force. Therefore, the court may decide to deport a non-citizen. They will assume the convicted is a danger to society.
The difference between a deadly weapon and not attempted murder
Our assault with a deadly weapon lawyers in Encinitas, CA, understands the complication between different laws. Many convictions that the court assumes are violent have criminal intent. On the other hand, the offender does not plan emotional acts.
An assault with a deadly weapon can occur if a bar fight escalates. On the other hand, the prosecution must prove that the accused intended to kill the person in an attempted murder. California state allows the lawyers to show intent using actions.
Our assault with a deadly weapon lawyers in Encinitas, CA, have realized that the prosecutors and law agencies are more interested in closing the case than seeking justice. However, they are committed to finding the truth as well as the guilty party. Our team will investigate the case in detail to come up with a powerful defense.
Contact our assault with a deadly weapon lawyers in Encinitas, CA, today.
The team of assault with a deadly weapon lawyers in Encinitas, CA, at our firm, understand that each case is unique. However, the answer to going to trial or accepting the plea depends on the evidence. Our lawyers will suggest taking the plea if its prosecution reduces the charges from a felon to a misdemeanor. Our team will browse the details of the case to pick the best strategy. Contact via email or phone today.