I Am Accused of Assault with a Deadly Weapon in San Bernardino (PC 245)

Under Penal Code section 245(a), assault with a deadly weapon charges can have serious consequences. If you are accused of assault with a deadly weapon in San Bernardino, you need the help of an experienced law firm that can help you obtain the best possible result in your case.

At Wallin & Klarich, our skilled San Bernardino criminal defense attorneys have over 40 years of experience successfully defending our clients accused of assault with a deadly weapon. Here are some of the defenses we’ve successfully used to help our clients.

Assault with a Deadly Weapon Penalties

Under Penal Code Section 240, a simple assault is an unlawful attempt, combined with the ability to commit a violent injury on someone else. If you are accused of using a deadly weapon or instrument or using force likely to produce great bodily injury in an assault, you will likely be charged with assault with a deadly weapon under Penal Code Section 245(a).

To convict you of this crime, the prosecution must prove the following:

• You assaulted someone
• You did it with a deadly weapon or instrument; OR
• You used force likely to produce great bodily injury

What is a deadly weapon or instrument? Clearly, things such as guns and knives qualify as deadly weapons, but there are many other objects that could be considered “deadly.” In most cases, great bodily injury is a deep cut, bruises or broken bones. However, there is no standard for when injuries rise to that level; it is a case-by-case analysis based on the conduct and injuries.

Penal Code section 245(a), assault with a deadly weapon, is a “wobbler.” This means that the prosecutor can choose to charge it as a misdemeanor or a felony. Felony assault with a deadly weapon is punishable by up to four years in prison and a fine of up to $10,000. A misdemeanor is punishable by up to 364 days in jail and the same $10,000 fine.

Defenses to Assault with a Deadly Weapon Charges

If you are facing assault with a deadly weapon charges, an experienced criminal defense attorney may be able to help you avoid these harsh consequences. One common defense our knowledgeable attorneys have used is self defense or defense of others. If you acted reasonably out of a legitimate fear for your physical safety or the safety of another, you have a strong defense to these charges.

Another defense is to attack the assault part of the charge. You will recall that an assault requires that you attempted to injure someone and that you had the ability to do it. If you did not have the actual ability to injure someone nor did you attempt to injure that person, you could not be convicted of this crime.

Our San Bernardino defense lawyers will work with you to determine which defenses will work best for you in your case.

Call a San Bernardino Assault with a Deadly Weapon Attorney Now

If you are accused of assault with a deadly weapon in San Bernardino, you need to speak to an experienced criminal defense attorney immediately. Our San Bernardino lawyers have over 40 years of experience successfully defending clients accused of assault with a deadly weapon. We’ve helped thousands of clients in their time of legal need, and we can help you now.

Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.