Assault with a Deadly Weapon in California: What You Need to Know
In California, if you are convicted of assault with a deadly weapon (commonly known as “ADW”), you could face serious consequences such as imprisonment, probation, and fines, to name just a few. If you have been charged with this crime, it is crucial to understand the charges against you and what you need to do to ensure your legal rights.
What is ADW, and What are the Penalties of an ADW Charge?
An assault is any unlawful attempt, coupled with the present ability, to commit a violent injury to another person.
Under California Penal Code [CPC] §245(a)(1), an assault becomes assault with a deadly weapon when you use, or are armed with, an object which is capable of causing great bodily injury or death and you use that object on someone else, intending only to commit an assault.
Some of the most common “deadly weapons” include baseball bats, knives, brass knuckles, unloaded guns used as a club, vehicles, bottles, and other things that would likely result in great bodily injury. It is worth noting that loaded firearms are not covered under CPC 245(a)(1) since that is a separate offense carrying harsher penalties.
What are the Penalties of an ADW Charge?
ADW can be charged as either a misdemeanor or felony in California. A misdemeanor assault with a deadly weapon conviction carries up to one year in county jail and/or a fine of up to $1,000. On the other hand, felonies are punishable by up to four years in state prison and/or a fine of up to $10,000.
Other aggravating factors, such as the use of firearms or the assault of a government official, may result in an even longer prison sentence.
Contact a Criminal Defense Lawyer
If you are charged with ADW in California, you cannot afford to take it lightly, considering the harsh and potentially long-lasting consequences. A criminal defense lawyer will be able to help you understand the charges against you and build a strong case on your behalf.
At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.