What Is “Assault With A Deadly Weapon”?
“Assault with a deadly weapon” (ADW) is the unlawful attempt to injure someone with an object or force capable of inflicting severe injury or death. Even ordinary objects like a rock or bottle can meet the requirements of a “deadly weapon” under California Penal Code 245 (a)(1). For example, a glass bottle becomes deadly when you try to hit someone with it.
You need to take action immediately as the alleged victim’s testimony is enough for a conviction. Our skilled aggravated assault lawyers can pursue multiple legal strategies to help you avoid a felony conviction. For over 40 years, we’ve helped thousands of clients facing misdemeanor and felony assault charges throughout Southern California. Read how we help one client avoid jail and expensive fines here.
Don’t let false accusations of aggravated assault steal your freedom and reputation. Contact Wallin & Klarich today and speak with our knowledgeable Irvine lawyers!
Assault With A Deadly Weapon | Prosecution Of PC 245
You need a defense lawyer who understands each element of assault with a deadly weapon. When we construct your defense, we consider each element carefully and work to discredit the prosecution’s claims. Our goal is to convince the court to drop ADW charges or, at the very least, reduce them. According to PC 245, the prosecution must prove the following facts to convict you of assault with a deadly weapon in Irvine:
- You intentionally tried to injure someone.
- You were not defending yourself or someone else.
- You used an object or force capable of inflicting great bodily injury or death.
- You were capable of using the deadly weapon or force at the time of the alleged incident.
For example, if you stand 50 feet away from someone and angrily swing a bat, you cannot inflict injury because you’re too far away. However, if you stand close enough and swing the bat, you have the ability to use the deadly weapon and apply force on the alleged victim. In the latter case, the prosecution could charge you with aggravated assault.
Aggravated Assault Charges | PC 245
Wallin & Klarich have helped numerous clients facing aggravated assault charges. We’ve successfully gotten a variety of assault crimes in Irvine dismissed or reduced, including but not limited to:
- Assault With a Deadly Weapon
- Assault With a Firearm
- Assault With an Assault Weapon
- Assault with Force Likely To Cause Great Bodily Injury
- Assault with a Semi-Automatic Firearm
Aggravated Assault Penalties | Consequences Of Conviction
Assault with a deadly weapon can carry either a misdemeanor or a felony conviction. However, the prosecutor will seek felony assault charges whenever possible, especially if you admit to using an object that could be considered a deadly weapon. The prosecutor will consider a variety of other factors to determine whether your case supports felony assault charges, including:
- Your criminal record
- The severity of the allegations against you
- Type of weapon used during the alleged assault
- The extent of the victim’s injuries
If you’ve recently been arrested for aggravated assault, you should remain silent and seek the help of a skilled assault attorney immediately. According to California’s Three Strikes Law, a conviction could lead to a strike on your record and significantly increased penalties. Our team of Irvine assault lawyers will fight to win your case. We’ll also provide straightforward answers to your questions. Penalties for the different aggravated assault crimes in Irvine include:
Assault With A Deadly Weapon | PC 245(A)(1)
- Strike (felony)
- Two to four years in prison (Felony)
- One year in jail (Misdemeanor)
- $10,000 fine
- Both incarceration and fines
- Restitution to the victim
Assault With A Firearm | PC 245(A)(2)
- Strike (Felony)
- Two to four years in prison (Felony)
- One year in jail (Misdemeanor)
- $10,000 fine
- Incarceration and fines
Assault With An Assault Weapon | PC 245(A)(3)
- Strike (Felony)
- Four to twelve years in prison (Felony)
Assault Force Capable Of Causing Great Bodily Injury | PC 245(A)(4)
- Strike (Felony)
- Two to four years in prison (Felony)
- One year in jail (Misdemeanor)
- $10,000 fine
- Incarceration and fines
Assault With A Semi-Automatic Firearm | PC 245(B)
- Strike (Felony)
- Three to nine years in prison (Felony)
Professional and Personal Consequences
In addition to the legal consequences that come with an aggravated assault conviction, you also face professional and personal consequences. A quick Google search can reveal this conviction. This can be devastating to both you and your family. Additionally, employers and landlords alike may reject your applications without giving you a chance to explain your story. To avoid the devastation of a conviction, you need the help of an experienced assault lawyer.
However, we understand that this situation is unexpected, and you may not have the money saved up to hire a top attorney. This is why we encourage you to check out the payment options that we offer so that you can afford a skilled Irvine attorney without the overwhelming financial burden.
At Wallin & Klarich, we believe that one mistake or misunderstanding shouldn’t determine the rest of your life. Our attorneys are here for you during this trying time, and we’ll fight to get your aggravated assault charge dropped in Irvine. We’ve helped numerous clients avoid serious time in prison by implementing effective defense strategies. Receive the legal advice you need and a solid defense that you can trust. Call Wallin & Klarich today at (877) 4-NO-JAIL or (949) 776-3424 to speak with our knowledgeable criminal defense lawyers.
Assault With A Deadly Weapon | Possible Defense Strategies
Our experienced attorneys understand that a one-size-fits-all defense never works. Our legal defense team pinpoints the prosecution’s weaknesses and the strengths supporting your story. Once we’ve established this, we can construct a defense capable of persuading the court in your favor. If you’re looking for a skilled assault lawyer with a proven track record, look no further than Wallin & Klarich. We have over 40 years of experience representing clients accused of aggravated assault crimes in Irvine. We’ve listed the top defenses for assault with a deadly weapon below.
Self-Defense:
The prosecution cannot convict you of ADW in Irvine if the court believes you were defending yourself. However, usually due to inexperienced or ineffective attorneys, the court has found defendants guilty even though “self-defense” or “defense of others” applied to their cases.
However, at Wallin & Klarich, we know which facts to focus on and how to present them to the court. Our attorneys have over 40 years of practice arguing self-defense for clients facing everything from ADW to murder. We’ve delivered the best possible results in a variety of cases, and we’ll do the same for you! With the possibility of a lengthy prison sentence hanging over your head, you need to explore every available option. Call Wallin & Klarich today for your free legal consultation!
Lack Of Intent:
An element of aggravated assault is a clear intent to cause severe injury. If the prosecutor cannot prove that you intentionally acted, the court cannot convict you of assault with a deadly weapon.
For example, you carry some lumber for a remodel and accidentally drop a piece, nearly hitting one of the tenants. They believe you intentionally swung it at them, so they call the police. However, your Wallin & Klarich assault attorney can explain that you never tried to harm the tenant and were simply trying to remodel. We’ll fight to prove you lacked the intent required for conviction by presenting witnesses and cross-examining your accuser.
False Allegation:
There are cases where the accuser intentionally makes a false allegation of assault. Since no injury is required for an arrest, it’s hard to prove that the alleged victim is lying. For example, suppose in the example above the tenant is mad because of the construction noise. So, he and his wife decide to make a false report against you. Since no other witnesses support your side of the story, the Irvine police quickly arrest and charge you with ADW.
Our attorneys can investigate the tenant and his wife to find evidence of them lying in the past. We can also challenge their stories on the stand by showing instances where they’ve clearly lied. You need a skilled defense lawyer who will aggressively defend you against false accusations. Call Wallin & Klarich today for the strong defense you deserve!
Choosing A Top Assault Defense Attorney | We’ll Fight For You
With so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a defense attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:
- Trusted Legal Advocates
- Exceptional Negotiators
- 40+ Years of Practice
- Specialized Legal Expertise
Trusted Legal Advocates | The Wallin & Klarich Difference
You need to be able to trust your defense attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.
Exceptional Negotiators | 40+ Years of Success
You need a criminal defense lawyer who understands the best way to negotiate inside and outside court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat false accusations of aggravated assault in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local assault attorney that you can trust!
We’re here to help you!