Assault With a Deady Weapon
Are you facing charges for assault with a deadly weapon in Los Angeles?
Assault with a deadly weapon, sometimes referred to as “ADW” is any unlawful attempt to physically harm another person with a deadly weapon, or with force that is likely to cause great bodily injury. Actual physical contact is not required for this offense, however, it is often charged in circumstances in which injuries do occur.
Penal Code section 245(a)(1) states that;
“Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment”.
If you are facing charges for assault with a deadly weapon in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.
Los Angeles Criminal Defense Lawyer Miles Booth
How does the prosecution prove that I am guilty of Assault With a Deadly Weapon?
CALCRIM 875 lays out the elements that the prosecutor must prove for you to be found guilty under Penal Code Section 245(a)(1), assault with a deadly weapon;
- You committed an act that would likely result in the direct application of force to another person,
- And that force was likely to produce great bodily injury, or was performed with a deadly weapon (other than a firearm),
- You acted willfully,
- When you acted you were aware of facts that would lead a reasonable person to realize that you actions would probably and directly result in the application of force to someone,
- You had the present ability to apply force with a deadly weapon, or force likely to produce great bodily injury, and,
- You did not act in self defense
Lets take a closer look at how the court defines these elements;
An act is willful when the person does it on purpose. They do not have to intend to break the law or harm someone, just to commit the act.
Application of Force
For the purposes of ADW charges, application of force is defined as any touching that is done in a harmful or offensive manner. However, the prosecutor does not have to prove that you did touch anyone, or that anyone was injured.
Great Bodily Injury
This is any signiﬁcant or substantial physical injury, including but not limited to, contusions, lacerations requiring sutures, broken bones, and loss of consciousness
This includes any item that is inherently deadly or an item that is used in a way that it is capable of, and likely to cause, death or great bodily injury.
How can I defend myself against Assault with a deadly weapon Charges?
Being charged with assault with a deadly weapon can be frightening, however a Los Angeles criminal defense attorney can be your greatest asset in fighting these charges. Some of the most common legal defenses to an assault with a deadly weapon charge are that;
- You acted in self defense
- You were falsely accused
- You did not act willfully
If any of these can be proven, it will result in the dismissal of your case, or a not guilty verdict at trial.
Just because you have been accused of assault with a deadly weapon does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.
What are the Penalties for assault with a deadly weapon?
Assault with a deadly weapon is a “wobbler” offense, meaning that it can be charged as a misdemeanor or a felony. The decision to charge it as a misdemeanor or a felony is up to the prosecutor, and will depend on a number of factors. The two biggest factors in making this decision are your criminal history, and the extent of the injury alleged.
Misdemeanor Assault With a Deadly Weapon
A misdemeanor a conviction may result in up to;
- One year in county jail,
- A $1,000 fine, and/or
- Misdemeanor probation
Felony Assault With a Deadly Weapon
A felony conviction may result in;
- 2, 3, or 4 years in state prison,
- A $10,000 fine, and/or
- Felony probation
Assault with a deadly weapon is always charged as a felony if the alleged victim was a firefighter or police officer, and the defendant knew or should have reasonable known this.
If felony or misdemeanor probation is granted a protective order will be issued for the duration of your probation, preventing you from contacting the alleged victim. Additionally, a conviction may have adverse immigration consequences and could result in the suspension of a professional license.
Contact Los Angeles Criminal defense attorney miles booth
Facing charges for assault with a deadly weapon can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.
As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.
If you are facing charges for assault with a deadly weapon in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.
- Assault with a Deadly Weapon
- Attempted Murder
- Voluntary Manslaughter
- Criminal Threats
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Criminal Defense Lawyer
Contact Miles Booth
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