Assault with a Deadly Weapon Defense at The Law Offices of Arash Hashemi
Assault with a deadly weapon (ADW) is a serious offense in Los Angeles, involving the use of a weapon or force likely to produce great bodily injury. Under California Penal Code § 245(a)(1), this charge encompasses a wide range of situations, from using a firearm or knife to other objects capable of causing significant harm. The penalties for ADW can be severe, including substantial fines, probation, mandatory anger management programs, and significant jail or prison time. The severity of the consequences often depends on factors such as the type of weapon used, the extent of injuries inflicted, and the defendant’s prior criminal record.
Facing an assault with a deadly weapon charge requires immediate and strategic legal action. The prosecution must prove beyond a reasonable doubt that the defendant committed an assault and used a deadly weapon or force likely to cause great bodily injury. An experienced defense attorney can challenge the prosecution’s evidence, question the credibility of witnesses, and explore possible defenses such as self-defense, defense of others, or lack of intent.
At The Law Offices of Arash Hashemi, we have been defending California residents against serious criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of assault with a deadly weapon. Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the mitigation of potential damages, the gathering of vital evidence, and engagement in negotiations that may lead to dismissal or reduction of charges.
If you or someone you know is facing charges for assault with a deadly weapon in Los Angeles, it is essential to seek an experienced criminal defense attorney immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is committed to providing the legal support and strategic defense necessary to secure the best possible outcome in your case.
Elements of the Crime
To secure a conviction under PC 245, the Los Angeles County prosecutor must prove each of the following elements beyond a reasonable doubt:
- Act of Assault: You committed an act that would likely result in the application of force to another person.
- Use of a Deadly Weapon: Your act involved a deadly weapon, or was likely to produce great bodily injury.
- Willful and Purposeful Action: The act was done willfully and with purpose.
- Awareness of the Act’s Impact: You were aware that your actions would lead a reasonable person to expect the application of force.
- Ability to Apply Force: You had the ability to apply force likely to cause great bodily injury with a deadly weapon.
- Absence of Self-Defense: The act was not in self-defense or defense of another person.
What is a Deadly Weapon?
In the context of California Penal Code §245(a)(1), a deadly weapon is defined as any object, instrument, or weapon used in a way that is capable of causing, or likely to cause, great bodily injury or death. While the range of objects that can be considered deadly weapons is broad, here are eight common examples:
- Knives: Including kitchen knives, switchblades, or any sharp-edged instruments.
- Firearms: Whether loaded or unloaded, if used to threaten or harm.
- Baseball Bats: Commonly used in physical assaults, capable of inflicting serious injury.
- Brass Knuckles: Designed to augment the impact of a punch, leading to severe injury.
- Vehicles: When used to hit or attempt to hit a person.
- Bottles or Glass: Broken or intact, used as stabbing or striking weapons.
- Clubs or Sticks: Including any heavy or blunt object used to strike.
- Tools: Such as hammers or screwdrivers, when used in a threatening or harmful manner.
Penalties for Penal Code 245(a)(1)
Under California Penal Code Section 245(a)(1), assault with a deadly weapon is classified as a “wobbler.” This designation allows the Los Angeles County prosecutor the discretion to file the case as either a misdemeanor or a felony, based on the specifics of the case and the defendant’s criminal history. Factors influencing this decision typically include the type of weapon used and the severity of injuries inflicted on the victim.
Penalties for Misdemeanor Conviction:
- Imprisonment for up to one year in county jail.
- A fine of up to $1,000.
- Misdemeanor summary probation.
Penalties for Felony Conviction:
- Imprisonment for 2, 3, or 4 years in California state prison.
- A fine of up to $10,000.
- Formal felony probation.
Legal Defenses for ADW Charges
- Self-Defense or Defense of Others: If you reasonably believed that you or someone else was in imminent danger of being harmed, and you used only as much force as was necessary to defend against that danger, this defense can be applied.
- Lack of Intent: Since ADW requires a willful act, demonstrating that the act was accidental or without the intention to harm can be a valid defense.
- False Accusation: Unfortunately, false accusations do occur. Proving that the accusation was false or motivated by factors such as revenge can negate the charges.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed ADW. Highlighting the lack of concrete evidence can be a strong defense.
- Mistaken Identity: In cases where the perpetrator was not clearly identified, proving that you were not the individual who committed the assault can lead to charges being dropped.
Why Choose The Law Offices of Arash Hashemi for Your Assault with a Deadly Weapon Defense?
When facing charges for assault with a deadly weapon, you need a defense attorney with extensive experience and a proven track record. Attorney Arash Hashemi has been an active member of The State Bar of California since December 2002. On his second day as a lawyer, Arash was already in court, participating in a bench trial. Over the years, he has handled a wide variety of criminal cases, from simple misdemeanors to complex felonies, including assault with a deadly weapon.
Arash has also represented thousands of Californians accused of violating their probation or parole and has argued cases before the California Court of Appeals. He is admitted to practice before all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. Attorney Hashemi brings a wealth of knowledge and a deep understanding of California’s criminal justice system to every case he handles.
Contact a Los Angeles Assault with a Deadly Weapon Defense Attorney & Schedule Your Case Review Today
If you are facing charges for assault with a deadly weapon, don’t wait to seek legal assistance. With over 20 years of experience in criminal defense, Attorney Arash Hashemi and his team are dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to protecting your rights and future.
Schedule a Case Review:
Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments. Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station. We have flexible hours and weekend appointments, and we will visit you in jail to discuss your case.
ADDRESS
11845 W Olympic Blvd #520, Los Angeles, CA 90064
OFFICE HOURS
Monday—Friday 8:30AM–5:00PM
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(310) 448-1529