Assault With A Deadly Weapon

Assault with a deadly weapon is a hybrid offense which can be charged under a variety of scenarios. The most common scenario is an assault which is committed with a deadly weapon, such as a gun or a knife. Under certain circumstances, this offense can be committed, without a weapon, when the force is applied in a manner likely to produce great bodily injury. If you are confused by this definition, you are not alone. Many attorneys do not understand the intricacies of this offense. As such, an experienced attorney is necessary to guarantee a person’s rights are fully protected.

Assault with a Deadly Weapon can also be a ‘Strike’ under California’s Three Strikes law. As such, the consequences of a conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information at http://www.rossgreenlaw.com/three-strikes.htm.

Potential Penalties for Assault with a Deadly Weapon
· Felony Jail Time (Up to 4 Years)
· A ‘Strike’ under California’s Three Strikes Law
· Fine
· Informal/formal Probation
· Permanent Criminal Record

Common Defenses for Assault with a Deadly Weapon
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress

Defense Criminal Attorney San Mateo County Assault With a Deadly Weapon