Assault with a Deadly Weapon Attorney
If you’ve been charged with a felony, then hiring an honest and reliable assault with a deadly weapon attorney is critical to getting the best level of defense.
The consequences of such a conviction can change your life forever. To better understand the intricacies of the process, let’s have a look at what assault with a deadly weapon really means.
What’s Assault with a Deadly Weapon?
Under 245 PC, we consider “assault with a deadly weapon” the act of assault committed with 1) a deadly weapon, or 2) force likely to produce great bodily harm. The use of a deadly weapon is not necessary to be charged with this crime so long as sufficient physical force is applied that the victim is likely to suffer great bodily injury.
In California, the term “deadly weapon” refers to any instrument that is capable of causing great bodily harm or even death. Examples of such objects include bottles, hammers, pens, knives, and cars.
Proving Assault with a Deadly Weapon
If you are accused of assault with a deadly weapon, the prosecution will be required to show that you are guilty of the following two elements of this offense under 245(a)(1) PC:
- That you have committed an act with a deadly weapon (as outlined above); and
- This act would directly result in the application of force to another person.
To be convicted of assault with force likely to produce great bodily injury under, each of the following elements needs to be proved by the prosecution:
- You committed an act that would result in the application of force;
- The force applied was likely to produce great bodily injury;
- You were aware that committing this act would probably result in the application of force;
- You had the present ability to produce such force.
The crime of assault with a deadly weapon is usually charged under (a)(1) because 1) the use of an object or instrument for the purpose of applying force to another person is more common, and 2) hands and feet are not considered to be “deadly weapons.” An exception to this is if the person charged with the felony has undergone special training, such as Karate, in which case the force applied may be considered “deadly” under (a)(4).
Hire the Best Aggravated Assault Attorney
Just because you are accused of a felony doesn’t mean you’ll get convicted. Contact Rudolph, Baker & Associates at 619-235-0010 to discuss your case with the best assault attorney in the state of California. Contact us today for a complimentary consultation.