Assault with a Deadly Weapon Defenses – CA PC 245(a)(1)
When charged with 245(a)(1) PC, you should have an attorney by your side who knows the best assault with a deadly weapon defenses and will fight for you using a smart and effective strategy. As it turns out, there are several assault with a deadly weapon defenses available that could result in a dismissal or reduction of your assault with a deadly weapons charge. Here are some successful defenses that our California criminal attorneys can raise on your behalf:
PC 245 (a)(1) Defense 1: Lack of Voluntary Act
Aggravated assault, as defined under Penal Code Section 245, is a crime of general intent. This means that the prosecution is not required to show that you intended to cause the exact harm or injury resulting from your act. It is only necessary to show that you intended to commit the act itself. However, the prosecution has the burden of proving that you committed the act voluntarily. Any evidence showing that your actions were done by accident, mistake, or through carelessness may prove to be successful assault with deadly weapon defenses against an aggravated assault charge.
PC 245 (a)(1) Defense 2: Factual Impossibility
When evaluation the possible assault with a deadly weapon defenses available for your particular case, your attorney can argue that it would have been factually impossible for you to commit the assault because you lacked the present ability to inflict any type of injury. For example, your attorney can argue that at the time of the alleged assault, you had a physical disability or injury making it impossible for you to actually inflict harm upon another person.
PC 245 (a)(1) Defense 3: Self-Defense or Defense of Others
By claiming this defense of several assault with a deadly weapon defenses, your attorney can argue that your actions are justified because you acted to protect yourself or others from harm. Self-defense can excuse a criminal act if it was a reasonable response under the circumstances and if you acted in good-faith. This defense requires that:
- It was reasonable to believe that you or another person was in imminent danger of suffering great bodily injury AND
- You believed that immediate force was necessary to avoid the threat AND
- You used no more force than necessary to defend against the threat
PC 245 (a)(1) Defense 4: Consent
Another of the assault with a deadly weapon defenses your attorney can argue is that the alleged victim consented to the assault. This issue typically arises in situations where consent is required to undergo medical surgery or when it is implied due to the very nature of the activity, such as participation in physical sports. For example: voluntarily playing street hockey will likely show that the alleged victim consented to the possibility of being hit by another person, a hockey stick or even the puck.
Contact an experienced Orange County assault with a deadly weapon defense attorney at Wallin & Klarich
If you are looking for an attorney in the Orange County area to represent you in an assault with a deadly weapon charge, Wallin & Klarich can help. With over 40 years of experience and offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, our highly skilled and professional defense attorneys will conduct a thorough investigation of your case, conduct several assault with a deadly weapon defenses, and passionately argue your side of the story.
If you are facing prosecution for assault with a deadly weapon, call our Orange County assault with a deadly weapon defense lawyers today at (877)4-NO-JAIL. We will be there when you call.
