Torrance Assault With A Deadly Weapon Defense Attorney
What Is “Assault With A Deadly Weapon”?
“Assault with a deadly weapon” (ADW) is defined as an attempt to injure someone using a deadly weapon or force that could cause severe injury. Under California Penal Code Section 245(a)(1), any object capable of inflicting severe injury or death when used in a specific way is classified as a “deadly weapon.” You may be surprised to learn that an ordinary object, like a rock, pencil, boot, or even a coffee mug, could be considered a deadly weapon under certain circumstances.
For example, a pencil sitting on a desk is not a deadly weapon, but it quickly becomes deadly if you pick it up and make a stabbing motion toward someone’s throat. People are often falsely accused of assault with a deadly weapon due to misunderstandings, exaggerations, and sometimes outright lies. Plus, the prosecutor can file aggravated assault charges even without visible injuries on the victim. The skilled defense team at Wallin & Klarich will stand up and defend you against aggravated assault charges in Torrance. Call us today for your free consultation.
What the Prosecution Must Prove | PC 245
To charge you with assault with a deadly weapon, the prosecution must prove the elements outlined under PC 245, which include:
- You committed an assault on someone, which could result in the application of force on them
- You used a deadly weapon or force likely to produce great bodily injury.
- Your action was willful, meaning on purpose.
- You had the ability to apply force or a deadly weapon, which could cause serious bodily injury.
- You weren’t defending yourself or another person.
Aggravated Assault Charges | PC 245
Aggravated assault crimes are more serious than simple assault. The difference between assault and aggravated assault is that the latter involves an obvious intent to cause severe bodily injury and disregard for the alleged victim’s life. The subsections of California PC 245 outline different aggravated assault crimes, which include:
- Assault With a Deadly Weapon – PC 245(a)(1)
- Assault With a Firearm – PC 245(a)(2)
- Assault With an Assault Weapon – PC 245(a)(3)
- Assault with Force Likely To Cause Great Bodily Injury – PC 245(a)(4)
- Assault with a Semi-Automatic Firearm – PC 245(b)
Assault With A Deadly Weapon Penalties | What You’re Facing
Because assault with a deadly weapon is a “wobbler” offense, the prosecution can file misdemeanor or felony charges. Some factors considered to determine whether felony aggravated charges are warranted include:
- Criminal record
- The severity of your alleged assault
- Type of deadly weapon used
- The extent of the victim’s injuries
An aggravated assault charge could lead to years behind bars. If you’re facing the possibility of conviction, you should consult with our knowledgeable attorneys at Wallin & Klarich. We’ll help you determine the possible penalties for your charges and the best way to fight your charges. Below, we’ve summarized the penalties for assault with a deadly weapon and other aggravated assault crimes in Torrance.
Assault With A Deadly Weapon | PC 245(A)(1)
- Strike (felony) – California’s Three Strikes Law
- Sentence of 2, 3, or 4 years in prison (Felony)
- One year in county jail (Misdemeanor)
- Maximum fine of $10,000
- Both imprisonment and fine
- Court-ordered restitution to pay victim’s medical bills and other expenses related to the assault
Assault With A Firearm | PC 245(A)(2)
- Strike on your record (Felony)
- Sentence of 2, 3, or 4 years in state prison (Felony)
- One year in county jail (Misdemeanor)
- Maximum fine of $10,000
- Imprisonment and fine
Assault With An Assault Weapon | PC 245(A)(3)
- Strike on your record (Felony)
- Sentence of 4, 8, or 12 years in state prison (Felony)
Assault With Force Likely To Cause Great Bodily Injury | PC 245(A)(4)
- Strike on your record (Felony)
- Sentence of 2, 3, or 4 years in state prison (Felony)
- One year in county jail (Misdemeanor)
- Maximum fine of $10,000
- Imprisonment and fine
Assault With A Semi-Automatic Firearm | PC 245(B)
- Strike on your record (Felony)
- Sentence of 3, 6, or 9 Years in state prison (Felony)
Professional and Personal Consequences
No one can prepare for the life-changing consequences of an aggravated assault conviction. Your boss may fire you depending on your position, and if you’re a professional that requires licensure to work, the state board may take away your license and forbid you from applying for some time or the rest of your life. In addition, you may lose your job due to missing work for court appearances or a jail sentence. Finding a job to replace your old one will be much more complicated than before, with a violent conviction on your record. When conviction could steal your ability to provide for yourself and your loved ones, you must do everything in your power to secure your freedom.
The first step is to immediately contact an experienced assault defense lawyer in Torrance, who knows what you’re facing and the best route out of trouble. At Wallin & Klarich, we’ve stood up for thousands of clients facing accusations of aggravated assault. Through a combination of experience, knowledge, and skill, we’ve helped our clients get their charges reduced or dropped so that they could move on with their reputations intact. When you hire Wallin & Klarich, you’ll have a skilled defense team with over 40 years of legal experience backing your innocence. Call us today at (877) 4-NO-JAIL for a free consultation with our assault defense lawyers.
How We Can Help You| Possible Defenses
With expert defense strategies, you stand a greater chance of success. Our attorneys at Wallin & Klarich specialize in assault law and know how to present the strongest defense. Our legal defense team will study your case and determine the best route to prove your innocence, beginning with your accuser’s credibility. During our 40+ years of experience, we’ve crafted many effective defenses for aggravated assault. Below, we discuss a few of the best legal strategies for assault with a deadly weapon.
Self-Defense
The prosecution must prove you weren’t defending yourself or others when the alleged incident occurred. We’ve helped many clients avoid conviction and serious jail time by presenting this defense. In Torrance and the rest of California, you have the legal right to defend yourself from immediate injury or death as long as you use reasonable force. If you had reason to believe using a deadly weapon was necessary to stop the immediate danger, self-defense could be the best defense in your case. This defense introduces doubt, making the prosecution’s burden of proof beyond a reasonable doubt much heavier.
For example, your neighbor corners you in your apartment and threatens to kill you. You grab a knife and swing it at him. He calls the police first and switches the story around, saying you threatened him first at his apartment. The police arrest you for assault with a deadly weapon. Our investigators would go through his past with a fine-tooth comb to find evidence of similar situations involving lies or violent behavior and interview witnesses at the apartment complex. We could successfully challenge the accuser’s credibility by presenting this evidence in court.
Lack Of Intent
To convict you of assault with a deadly weapon, the prosecutor must prove you had the clear intention to cause great bodily harm to the alleged victim with a deadly weapon or force. In some of our past cases, the alleged victim misinterpreted our client’s actions. For example, during an interaction with a family member, our client held a knife, which the family member mistakenly believed was pointed at them in a threatening way. However, our attorney argued that our client lacked intent. She was using the knife at the time of the incident and never intended to harm the family member.
Mistaken Identity
Some studies have shown that police lineups result in false identifications 50% of the time. Sadly, many people are unaware of how often this occurs. In one stunning case, the court wrongfully convicted a man of first-degree murder when a police dog tracked his “scent” and eyewitnesses mistakenly identified him. Although a great deal of evidence indicated another suspect, Gilbert Aguilar spent years behind bars for a murder he did not commit. In 2013, a federal appellate court overturned his conviction, releasing him from prison, due to the prosecutor hiding the dog’s prior mistakes and making the eyewitness testimony seem stronger than it was.
The example above can happen to anyone, especially without the best possible legal representation. Our skilled defense team will protect your rights and investigate the facts of your case, beginning with your accuser and other eyewitnesses. If needed, we can also call experts to testify about mistaken identity. If you’re the victim of false identification, call our office today for a free consultation.
False Allegation
Many people are convicted of crimes due to false allegations. While we can never be sure just how many, a quick google search for wrongful conviction reveals far too many. Unfortunately, people still incorrectly believe that if the accusations aren’t true, they don’t need a defense lawyer. This couldn’t be farther from the truth, especially when you’re accused of a violent crime like aggravated assault. Consult with our assault defense lawyers today and learn how we can help you avoid a wrongful conviction for assault with a deadly weapon.
Hiring The Right Assault Defense Team | How We Can Help You
You don’t settle for an average lawyer with your future at stake. Instead, you hire an experienced attorney with the knowledge to defend you against serious charges. At Wallin & Klarich, we believe everyone deserves excellent legal representation. While choosing the right defense lawyer for your aggravated assault case requires careful consideration of many factors, four key aspects quickly set skilled law firms apart from the rest:
- Commitment to clients
- Integrity in action
- Legal expertise
- Community respect
Our Commitment To You | The Wallin & Klarich Difference
At Wallin & Klarich, we are committed to our clients. When you trust us with your case, we never take it lightly because we understand your life’s hanging in the balance. We set aside time to go over what to expect and any new developments in your case, so you don’t feel overwhelmed. Our attorneys treat you with integrity, starting with an honest, genuine conversation between us. We’re upfront with all our fees from the very beginning, and once we’ve had time to investigate your case thoroughly, we lay all your available options on the table. To ensure your questions and concerns never go unheard, we return your phone calls and emails within 24 hours and keep an on-call criminal defense lawyer for after-hours legal emergencies. Most importantly, we guarantee a judgment-free environment for you and your loved ones.
Wallin & Klarich | Unparalleled Legal Expertise
Our 40+ years of experience sets us apart from the crowd of defense lawyers. We’ve defended thousands of clients facing aggravated assault charges with remarkable success. Some of our clients came to us with nowhere else to turn and no hope of winning their case. However, our background allowed us to spot strengths in their cases, which an attorney with less experience would’ve missed.
By tailoring our defense strategies to fit the specific details of your case, we increase your chance of success. We have the added advantage of knowing the techniques of local prosecutors and the personalities of judges in Torrance. Our passion for defending the unfairly accused is the driving force behind each of our attorneys at Wallin & Klarich.
Discover how our experienced criminal defense attorneys can help you handle your PC 245 case in Torrance, CA. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a highly-skilled attorney.
Respected & Recognized | Wallin & Klarich
The community recognizes the Wallin & Klarich name for our strong values and legal expertise. For over 40 years, we’ve built our powerful reputation by maintaining our integrity, valuing our relationships with clients, and consistently striving to redefine excellence. For more insight, check out our recent and past success in the courtroom.
Our Notable Cases | Wallin & Klarich Newsworthy Legal Strategies
Many attorneys point to their experience or skill in defending aggravated cases, but our attorneys deliver positive results even in the most complex legal dilemmas. Over the past 40+ years, many of our legal battles have captured the media’s attention. Television, newspapers, and the digital world have covered some of our most notable moments. We encourage you to explore our newsworthy cases below to learn more about our law firm.