Assault with a deadly weapon (Penal Code § 245(a)(1)) is a “wobbler”, which means that it can be charged as a misdemeanor or a felony. If it is charged as a felony, you can be sentenced for two to four years in State prison. Regular assault (Penal Code § 240), however, is always a misdemeanor.
In order to prove assault with a deadly weapon, the prosecution must prove the following elements beyond a reasonable doubt: that (1) you assaulted someone and (2) you used a deadly weapon or force that would likely result in great bodily injury. An assault does not require that you make physical contact with or injure the person.
There are also more specific types of assault. These include, but are not limited to, assault with a machine gun or assault weapon (Penal Code § 245(a)(3) and (b)), assault with a stun gun or less lethal weapon (Penal Code § 244.5(b)), or assault with a deadly weapon on a peace officer (Penal Code § 245(c)).
Legal Defenses Against Assault with a Deadly Weapon Charges
Our criminal defense lawyers understand how prosecutors will approach violent crime cases and what evidence they need to obtain a conviction. Our experience in defending clients facing assault with a deadly weapon charges has taught us that you could have been acting in self-defense or you were defending another individual with a reasonable belief that they were in jeopardy of sustaining great bodily injury. Also, there may have been a lack of intent on your part or you may have been physically unable to carry out any type of assault.
Taking these factors into consideration, we can build a strong legal defense on your behalf while seeking a case dismissal, obtaining an “not guilty” verdict at trial or obtaining leverage to pursue a favorable plea agreement.
Contact an Experienced Criminal Lawyer
David Elden & Victor Sherman are experienced and highly respected Los Angeles criminal lawyers who will prepare and implement a strong defense strategy necessary for your case. We have learned that exaggeration of the facts are frequently told to police by an alleged victim when you were simply protecting yourself. We have also learned that in some cases, the alleged victim was motivated by revenge and was attempting to get you caught up in a legal issue.
Whether you choose to challenge your criminal charges in court or seek a favorable plea agreement, David & Victor will guide you through every step of the legal process. He has an exemplary track record of success and will take any legal steps necessary to protect your freedom, record and rights.
CONTACT David Elden & Victor Sherman For a Free Consultation: 1-800-455-6200 or send message