October 17, 2012 By Paul Wallin

Assault with a deadly weapon is a “wobbler” under California law which means that it can be charged as a felony or a misdemeanor at the discretion of the District Attorney’s office.  The DA will look at the facts and circumstances of the case, whether the victim suffered injuries and if so to what extent, along with the defendant’s criminal history to determine whether to file the case as a felony or misdemeanor.  If charged as a misdemeanor you are facing up to a year in county jail.  If charged as a felony, you will be facing a sentencing range of two, three, or four years in state prison if probation is denied or up to one year in county jail if probation is granted.  This is a  serious charge and you should definitely schedule a consultation with a knowledgeable Riverside criminal defense attorney before appearing in court.

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