Assault with a Deadly Weapon – California Penal Code 245(a)(1) PC
Are You Seeking to Hire a Criminal Defense Lawyer for your Assault With a Deadly Weapon case?
For over 40 years, the criminal defense attorneys at Wallin & Klarich have defended clients accused of assault with a deadly weapon charge or also known as “aggravated assault.” Being accused of assault with a deadly weapon is a very serious matter that you should not take lightly. You should speak to an experienced criminal defense attorney who handles assault with a deadly weapon cases to guide you through this difficult process.
An assault with a deadly weapon conviction in California can change your life drastically. Upon conviction, you face up to 4 years in county jail, and a $10,000 fine.
Read below for more information on the assault with a deadly weapon laws or simply pick up the phone and call (877) 466-5245 for a free, immediate advice from an expert California assault with a deadly weapons lawyer.
Why Hire Wallin & Klarich?
The success of our assault with a deadly weapon defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the California assault with a deadly weapon lawyers at Wallin & Klarich have helped many people like you get the best possible results in their case. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
“On behalf of our Grandson, William J. Marsh, my wife and I wish to thank you all for your efforts defending him against his assault and battery charges. Both, Bill and our Granddaughter Deborah have kept us informed of the progress made on our grandson’s case and reassured us of their confidence in your ability to provide him the best defense possible. We believe you have been able to justify their confidence when we learned the court’s decision.
At our age 88 and 85 respectively, it leaves us with the hope that we will be able to see him again. Thank you so very much.”
“I, Juan Flores, was very pleased with the services I received from WALLIN & KLARICH regarding my recent assault charges.
My Wallin & Klarich Attorney handled the matter with professionalism and his dealings with the district attorney were to my satisfaction. My attorney was able to negotiate with the DA and they ultimately agreed not to file formal charges against me. The case was dismissed and the bond was exonerated. I am pleased to recommend WALLIN & KLARICH to my family and friends, and I will use their services again if needed in the future.”
Call Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable California assault with a deadly weapon lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your assault with a deadly weapon case.
For more information on assault with a deadly weapon laws, read below or simply pick up the phone and speak to one of our skilled assault with a deadly weapon defense attorneys today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
What is assault with a deadly weapon in California?
The crime of assault with a deadly weapon is governed by California Penal Code Section 245 (a)(1) and is commonly referred to as “aggravated assault.” It is similar to assault, but also requires the use of a deadly weapon or force likely to cause great bodily injury. The sentencing and punishment for a charge of assault with a deadly weapon in California can be severe. Thus, you need an experienced criminal defense attorney to guide you through this difficult process.
How can I be found guilty of assault with a deadly weapon Under Penal Code Section 245(a)(1)?
To find you guilty of assault with a deadly weapon, the prosecution must first prove that you assaulted someone. CA Penal Code section 240 describes assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” This means that you have committed assault if you engaged in a physical act that caused another person to reasonably believe you were about to hurt or injure them. You do not actually have to hurt or even touch that person in order to find that an assault has occurred.
Prosecution must prove you used a deadly weapon
Second, the prosecution must prove that you used a deadly weapon or force likely to produce great bodily injury during the assault. A deadly weapon is any object capable of inflicting serious harm to another person. Your typical deadly weapons include the usual assortment of guns, knives, and bombs. But even more common place objects such as a baseball bat, lamp or even a pencil can qualify as a deadly weapon. Basically, any object used in a deadly manner can give rise to an assault with a deadly weapon charge.
The prosecution bears the burden of proving both of these facts beyond a reasonable doubt. All twelve members of the jury must find that the prosecution has met that burden in order to find you guilty of assault with a deadly weapon. At Wallin & Klarich, it is our job to ensure that the jury understands your side of the story and has access to all evidence in your favor.
What are the criminal penalties for assault with a deadly weapon?
If you are convicted of felony assault with a deadly weapon, you face up to 4 years in county jail and fines of up to $10,000. A misdemeanor assault with a deadly weapon conviction is less harsh, but can still amount to a year in jail and a fine of $1000. Additionally, if you own the gun or weapon used in the assault the court can declare it a nuisance and destroy it.
What are some common defenses to an assault with a deadly weapon charge?
If you are charged with assault with a deadly weapon, there are several defenses that your lawyer can raise on your behalf. That’s why it is always important to contact a California defense lawyer at Wallin & Klarich who has extensive experience in assault and battery cases. Here are a few of the most common and successful defenses available to you:
- Self Defense: Your lawyer can argue that you were acting in your own defense or the defense of another
- Consent: Your lawyer can argue that the alleged victim agreed to your conduct
- False Facts: Your lawyer can argue that the allegations against you are false or inaccurate
- Involuntary Act: Your lawyer can argue that whatever action you took that caused the assault was involuntary or unintentional
- Factual Impossibility: Your lawyer can argue that based upon the facts presented to the court, it was physically impossible for you to have committed the assault
If any of these defenses are successful, the charge against you may be reduced or dismissed altogether. Wallin & Klarich employs exceptional assault and battery defense lawyers throughout Southern California who are ready to help you win your case.
What are some frequently asked questions regarding assault with a deadly weapon?
To help you understand the various aspects of an assault with a deadly weapon charge, our assault and battery defense lawyers at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can finds answers to questions like:
What is considered a deadly weapon?
What does great bodily injury mean?
Can I still be charged with assault with a deadly weapon even if no one was actually hurt or injured?
Where can I contact an experienced California assault and battery defense lawyer?
Assault with a deadly weapon is a serious crime that calls for an expert legal defense team in your corner. Wallin & Klarich has successfully represented clients facing assault and battery charges in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina for over 40 years. We have the knowledge and the experience to win your case.
At Wallin & Klarich, we have over 40 years of experience in successfully representing Southern California clients charged with assault with a deadly weapon. Drawing from our extensive experience, we will thoroughly review your assault with a deadly weapon charge and develop an effective defense strategy that is specifically tailored to your case. Our goal is to provide you with the best legal representation possible. Call our talented assault and battery defense lawyers today at (877)4-NO-JAIL. We will be there when you call.