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Charging individuals in Los Angeles for assault with a deadly is covered under California Penal Code Section 245(a)(1). These charges could be the result of pointing a gun at someone with the intent to shoot them. Chasing after someone with a weapon such as a knife. Swinging a blunt object at a person’s head. Attempting to stab someone with a sharp object, intentionally driving a vehicle into someone who is walking on foot, driving in a car and more.
The legal definition of assault with a deadly weapon is clarified by using specific elements of the crime. The act must have resulted in the use of force on someone. The act was done with a deadly weapon, or the act resulted in great bodily harm. The act was performed intentionally. When the act was done, the individual performing it was aware that a reasonable person may not understand what caused the use of force. When a person acted, they were able to apply force with a deadly weapon or enough to result in great bodily injury.
In California, assault with a deadly weapon charge is considered a wobbler offense. This means it could be charged as either a felony or misdemeanor. In this situation, the type of weapon or instrument utilized to commit the assault is a determining factor. If the assault victim experienced an injury, its level of severity would be taken into consideration. Under California law, protected persons are public servants such as firefighters, law enforcement officers and more. An assault on protected persons will also influence whether a person is charged with a misdemeanor or felony.
When a person is convicted of misdemeanor assault with a deadly weapon, they could be sentenced to summary probation for five years. Summary probation is considered inactive probation. It does not require a convicted individual to meet with a probation officer or check in with a probation department. They could also be sentenced up to a year in county jail or given a fine of up to $1,000. A person could also be sentenced to a combination of jail time and a fine.
If a person is convicted of utilized a deadly weapon or force to cause grave bodily harm or injury, they could be sentenced up to 4 years in a California state prison. If a specific weapon is used, they could be sentenced up to 12 years. If a semiautomatic weapon was used, an individual could be sentenced up to 9 years . In addition to jail time, a person could also be fined up to $10,000. A strike will be placed on their record as part of the California three strikes law. If a person is convicted of assaulting a protected person, they could face up to 5 years in a state prison. If a firearm was used, the sentence could be increased up to 12 years.
The most common defense for a person charged with assault with a deadly weapon is self-defense. A defense attorney will know how to show their client had an honest and reasonable expectation of experiencing great bodily harm or injury. They could have also had a reasonable expectation another person was about to experience great bodily harm or injury. In these situations, a person is permitted to use as much force as is reasonable to stop the attack. A defense attorney may be able to show their client lacked intent. It’s possible a person could accidentally assault someone and that an assault was not their intention. When one of these can be proven, a person should not be found guilty of assault with a deadly weapon.
Being convicted of assault with a deadly weapon could result in serious punishment. An experienced los angeles defense attorney will know how to determine the facts of the case and obtain the best possible outcome.