Our Solana Beach assault with a deadly weapon lawyer will argue in your favor in front of the prosecution. We will save you from severe penalties, lengthy prison time, and heavy fines. We are committed to resolving matters professionally. Our lawyers make the best deals so the case does not go to court.
How does the law define assault with a deadly weapon?
The prosecution will charge you with an assault with a deadly weapon as a misdemeanor or felony. In other words, it is a wobbler crime. However, the charges also factor in numerous other elements related to the events. The prosecution will question the severity of the penalties according to the following parameters.
- Firstly, the prosecution will assess the severity of the injury
- Secondly, the type of weapon the offender used to commit the crime. Different firearms carry different penalties.
- Lastly, the prosecution will inquire if the victim is a protected citizen, such as a firefighter or a police officer.
- Here are some of the consequences of conviction of assault with a deadly weapon in Solana Beach
- Assault with a deadly weapon that is not a firearm
- It is a felony charge. The convicted will spend two, three, or four years in prison. Additionally, you may a fine of $10,000.
- If the court convicts you of a misdemeanor offense, you will spend a year in jail.
Assault with a firearm
If the prosecution convinces the court of a felony conviction, you will spend two, three, or four years in state prison. The fines are an additional $10,000.
On the other hand, a misdemeanor charge will land you a year in jail but less than six months.
Assault with a machine gun
You will need assistance from Solana Beach assault with a deadly weapon lawyer that is a machine gun, because it is a felony. There are no misdemeanor charges. Consequently, the court will imprison you for four, eight, or twelve years.
Assault using a semi-automatic firearm
The assault with a semi-automatic weapon is also a felony charge. In other words, there are no misdemeanor convictions. As a result, the court will send the offender to prison for four, eight, and twelve years.
Assault with a police officer or a firefighter
- If the crime involves a deadly weapon that is not a firearm, the court will send the convicted to three, four, or five years in a state prison.
- If the crime involves a firearm, the conviction is a punishment of four, six, or eight years.
- Thirdly, the court will send the convicted to five, seven, or nine years if the crime involves a semi-automatic weapon.
- Lastly, the court will send the assailant to prison for six, nine, or twelve years for an assault involving a machine gun.
The Solana Beach assault with a deadly weapon lawyer understands the punishment increase as it involves semi-automatic weapons or automated guns. Moreover, the consequences are severe if the victim is a police officer, a firefighter, or an agent of the government.
However, proving assault against a police officer or a firefighter has two additional elements.
- Firstly, the accused knew or had known that the victim was a law enforcement officer or a firefighter.
- Secondly, the accused assaulted the state employee when they were on their job performing their duties.
Which defenses do the Solana Beach assault with a deadly weapon lawyer use?
A Solana Beach assault with a deadly weapon lawyer will use numerous defenses to avoid conviction or reduce punishments. However, you cannot tell whether the application of the defenses needs training or experience. Have a look at the most common defense a lawyer will use.
Wrongful Accusations
The Solana Beach assault with a deadly weapon lawyer will argue that the victim lied about the events. For example, the victim made the accusations because of anger, jealousy, or revenge. Moreover, our defense lawyers will use doubt to counter false allegations. They will identify the inconsistencies in the storyline. As a result, the court will throw out the circumstantial evidence. At the same time, the jury will begin to see the lies as well.
Insufficient force
Our Solana Beach assault with a deadly weapon lawyer knows that insufficient force is the crime is a grey area. The lawyers will question the act in relation to the applied force. Moreover, the cross-examination will identify the intent.
Self-defense
If the accused assaulted the victim in their defense, the court will not order a conviction.
No deadly object
In addition, our Solana Beach assault with a deadly weapon lawyer will question the use of deadly weapons as well. The circumstances are a lot different if the gun was not loaded.
No intent
Our Solana Beach assault with a deadly weapon lawyer will prove that their client did not intend to harm the victim. As a result, the judge will not convict the accused.
The Prosecution’s Argument in assault with a deadly weapon
Our Solana Beach assault with a deadly weapon lawyer is well aware of the tactics the prosecution uses to escalate the circumstances. On the other hand, the prosecution also knows that they need to prove the elements for a conviction. Have a look!
- Firstly, the accused intended to harm the victim.
- In addition, the accused committed the act which required the application of force on the victim.
- Thirdly, the defendant hurt the victim using a deadly weapon, an object that caused a severe injury.
- Finally, the accused had sufficient knowledge that their actions were criminal.
- Subsequently, when the accused was committing the crime, they were applying for using a deadly weapon that caused a severe injury.
When are you meeting our Solana Beach assault with a deadly weapon lawyer?
Our Solana Beach assault with a deadly weapon lawyer knows that the prosecution must prove their elements beyond a reasonable amount for a successful conviction. Therefore, our lawyers will apply the California Penal Code Section 245 to counter the arguments from across the aisle. They have sufficient legal training to prove their client’s innocence.
However, an inaccurate representation of the event means years in jail. We offer our clients aggressive and thorough representation in every courtroom. Call us today to understand your rights.