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Assault With A Deadly Weapon: Penal Code § 245(a)(1) PC

by admin   May 10, 2018   Filed Under: Uncategorized

In California, assault with a deadly weapon under Penal Code 245 (a)(1) can be charged as a misdemeanor or a felony depending upon the circumstances. The crime of assault with a deadly weapon is defined as an assault being committed to harm or cause deadly injury. If you are charged with this crime in California, you should find an attorney experienced in defending such charges. Only they can provide you with the defense you need to exonerate you.

Conviction for assault with a deadly weapon

In order to be convicted of this charge, a prosecutor is required to prove two certain elements:

1. A deadly weapon was used to commit the attack.
2. The nature of the attack could only be committed by the application of force.

So, a deadly weapon must be used. This isn’t restricted to a gun or a knife. A deadly weapon can be any number of items if used in a certain way. A pencil, pen, bottle, screwdriver or any other blunt or sharp object can inflict bodily harm on another person. So to be convicted, it must be proven that the force of the assault could cause great bodily injury. It must be proven that:

1. The act was intentionally committed and by nature force would have to be used.
2. The applied force in all likelihood would have resulted in great bodily injury.
3. You knew that the act would result in bodily injury.
4. You were in the position to apply that force.

Additionally, if you have a background in martial arts training, you could be charged with assault with a deadly weapon.

This is a list of acts that could be charged as assault with a deadly weapon:

  • Attempting to stab a person with any type of sharp object that could cause harm
  • Allowing an animal to attack and harm a person
  • Firing a weapon at a person
  • Attempting to run over someone with your vehicle
  • Throwing a bottle at someone

How to defend an assault with a deadly weapon charge?

You will need a skilled attorney with a track record of successes. An accusation doesn’t necessarily mean a conviction. There are a number of points that a good defense attorney can exploit. Here are a few of the defense tactics that can be used:

  • Actual innocence of the crime
  • False accusation
  • Lack of intent that is required for a conviction
  • The act was accidental
  • Self-defense and the use of the weapon wasn’t likely to cause harm.

People need to understand that a conviction for assault with a deadly weapon can be extensive. Depending on how the crime is charged a guilty verdict could be punishable by up to 12 years in the penitentiary and a fine of up to $12,000. If you already have a record or if you are on probation, the sentence could be considerably longer.

If you find yourself in a situation where you need a good attorney for assault with a deadly weapon, you will need the best. Prosecutors will leave no stone unturned in order to secure a conviction. Unfortunately, there are times when we may have to use a deadly weapon for self-defense. The bottom line is, it’s the prosecutor’s job to establish your guilt by a reasonable doubt. If it cannot be done, you will go free.

An experienced defense attorney will make sure you get the best possible representation. Call for a free consultation today. Make sure your rights are protected.