Assault with a Deadly Weapon

Assault with a deadly weapon is a serious crime in Los Angeles. It is aggressively prosecuted and may be punishable with state prison. Those charged with assault with a deadly weapon should consult with an experienced criminal defense attorney as soon as possible in order to avoid a felony conviction and harsh consequences.

The attorneys at Stephen G. Rodriguez & Partners successfully represent clients accused of these charges, utilizing every resource to prepare the best strategic defense available in order to provide the best results.

Arrested? Request a free consultation with a Los Angeles attorney.

According to California Penal Code section 245(a)(1), assault with a deadly weapon is an unlawful attempt to cause bodily harm to another person using a weapon OR using force likely to cause great bodily harm. A deadly weapon is defined as any object or instrument that is inherently deadly or which can be used in such a way as to cause death or great bodily harm.

Some examples of deadly weapons may include:

• Firearms: Any type of gun, including handguns, rifles, shotguns, and even pellet guns or BB guns if used dangerously.
• Knives: Various types of knives, such as switchblades, daggers, and other bladed weapons, are typically considered deadly weapons.
• Blunt Objects: Items like baseball bats, hammers, or crowbars that can cause significant injury when used to strike someone.
• Vehicles: A car, truck, or other vehicle can be considered a deadly weapon if it is intentionally used to strike someone.
• Brass Knuckles: A fist-enhancement tool that can cause severe injury when used in a physical altercation.
• Chains: A metal chain or other heavy object swung in a manner that could cause serious injury.
• Explosives: Bombs, grenades, or any other type of explosive device.
• Broken Glass: Sharp glass or other materials that could be used to cut or harm someone.
• Tools: Objects like screwdrivers, scissors, or box cutters can be classified as deadly weapons depending on their use during an assault.
• Dogs or Animals: In some cases, using a trained animal to attack someone could result in the classification of the animal as a deadly weapon.

However, a person can still be charged with assault with a deadly weapon without using a weapon. Often, fights involving punches or kicks can still qualify as a violation of the law.

In order for an individual to be convicted of this crime, a prosecutor must prove all of these elements:

• The accused person acted willfully (i.e. with intent);
• The accused person committed an act with a deadly weapon or used force likely to result in great bodily injury;
• The accused person knew when the act was committed that their actions would probably result in the application of force to the victim; and
• The accused person had the present ability to use force against the victim.

Assault with a deadly weapon does not have to result in injury; an intent is enough to charge an individual with a crime. If the act resulted in injury, the injury can be considered evidence proving that assault was committed.

Penalties and Sentencing

Under section 245(a)(1), assault with a deadly weapon is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.

Penalties for a misdemeanor offense can include:

If convicted of a felony offense, an individual could face:

• Two to four years in prison
• A fine of up to $10,000
• Confiscation of weapon
• Victim restitution costs, where applicable
• A “strike” on your record under California’s Three Strikes Law.

Legal Defenses

The Los Angeles lawyers at Stephen G. Rodriguez & Partners may use any of these defenses in your case:

• Lack of intent - If the injury or death resulted from an accident and was not a willful act, their cannot be a conviction under section 245(a)(1).
• Self-defense or defense of others - A person may defend themselves if they reasonably believed they or someone else were in immediate danger.
• False accusations – This is a criminal defense to these charges. The defense is made stronger where there are no corroborating witnesses to the assault because the alleged victim may have a motive for lying.
• Inability to commit the crime - If a person threatens to shoot someone, but the gun was never loaded, it would not be possible for that person to willfully commit great bodily injury.

These are just some examples of how Stephen G. Rodriguez & Partners can help defend you against your charges. To learn more about your case and how we can help you, please set up a consultation with a member of our team today. We are fully prepared to launch an investigation of your case to gather the evidence needed to protect you.

Can an Assault with a Deadly Weapon Charge be Expunged in California?

Yes, under certain circumstances, an assault with a deadly weapon conviction can be expunged. In California, an expungement allows a defendant to withdraw their guilty plea or verdict and have the case dismissed. To qualify, the defendant must have completed their sentence, including probation, and not have committed any new crimes. However, felony convictions can be more challenging to expunge, especially if the individual served time in state prison, but in some cases, they may still qualify if their felony is reduced to a misdemeanor.

Aggressive Advocates for Los Angelinos

Besides the penalties listed above, a conviction for a violent crime can also affect your prospects, reputation, employment, and educational opportunities. Stephen G. Rodriguez & Partners have over 70 years combined legal experience. Our main goal is to achieve the best results for our clients through skillful negotiations and preparing every case as if we were going to trial. Call us for a confidential consultation and learn about your legal options.

Our Los Angeles assault crime attorneys are available to review your case. Get started now by filling out our online contact form.