Los Angeles Assault With A Deadly Weapon Lawyer

Los Angeles Assault With A Deadly Weapon Attorney

If you are involved in a serious altercation in Los Angeles, there is a strong chance you are going to be arrested and charged with assault. If you had a weapon at the time, that charge would likely increase to assault with a deadly weapon. There may be multiple avenues you could take to try and lessen this charge, but handling it on your own without adequate legal representation may just be setting yourself up for failure. A Los Angeles assault with a deadly weapon lawyer can help. When facing these serious charges, working with a skilled Los Angeles criminal defense attorney can make a significant difference in your case.

What Is Assault With a Deadly Weapon?

Under California State law, assault with a deadly weapon occurs when somebody assaults another person with any sort of weapon, not including a loaded firearm. Assault with a firearm is a separate offense with its own penalties. An object is considered a deadly weapon if it is inherently dangerous or used in a manner capable of causing great bodily harm or death. This includes blunt instruments, chemicals, rocks, glass bottles, or even a vehicle if you attempt to run someone over.

The penalties for an assault with a deadly weapon charge are largely dependent on the type of weapon used in the assault, how severe the injuries you inflicted are, and your past criminal record. If you are charged with a misdemeanor, you could be facing up to a year in jail and a fine of $1,000. If you are charged with a felony, you could be facing four years in state prison and a fine of up to $10,000. If you cause serious injury to someone, the penalties could increase.

What to Do When You Are Arrested

When you are arrested for assault with a deadly weapon, you may not be completely aware of your rights. Remember that you are always innocent until proven guilty in a court of law, no matter with what crime you are being charged. You are afforded a number of constitutional rights that cannot be infringed upon. These include your right to remain silent and your right to retain legal counsel. Exercising both of these rights is crucial to success in your case.

Don’t let the police try to intimidate you into confessing anything or admitting guilt. Their case against you may not be as strong as they have led you to believe. Request the presence of a lawyer, and say nothing to the police until your lawyer arrives. From there, let your lawyer speak for you. Having someone on your side with experience handling assault cases can really make a substantial difference.

Defenses Against Assault With a Deadly Weapon

Upon arrest, you may think your case is already over. That may not necessarily be the case. You always have an opportunity to defend yourself. Your defense lawyer can help you put together a strong defense strategy that may be able to reduce or even dismiss the charges being made against you. Here are some of the potential defenses you may be able to claim when you are charged with assault with a deadly weapon.

• Self-Defense: Self-defense is a common defense strategy in assault cases. To claim self-defense, a defendant must show that they reasonably believed they were in imminent danger, that the immediate use of force was necessary to prevent harm, and that they used no more force than was reasonably necessary. Once self-defense is raised, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.
• Lack of Intent: One of the most important elements of an assault case is intent. It may only be considered assault if you intentionally committed the act. If you are able to prove that what happened was an accident, that may help you get your sentence reduced.
• False Allegations: It is not uncommon for someone to spread false allegations in order to damage your reputation or land you in legal trouble. Regrettably, it happens all the time. Sometimes, just the accusation may be enough to cause serious trouble in your life from which it can be hard to come back.

FAQs About Los Angeles Assault Law

How Long Do You Go to Jail for Assault With a Deadly Weapon in California?

The amount of time you may spend in jail for assault with a deadly weapon in California is largely dependent on the details of your case and the severity of your alleged crime. That will determine whether you are charged with a misdemeanor or a felony. A misdemeanor charge could result in a year in jail, while a felony charge could result in four years in prison.

Can Assault With a Deadly Weapon Charges be Dropped in California?

Yes, it is possible for a charge of assault with a deadly weapon to be dropped in California under specific circumstances. It is ultimately the prosecution’s decision to either pursue a case against you or drop the charges. This may happen if there is insufficient evidence against you, your constitutional rights were violated during the arrest, or if self-defense is proven.

What Is a Deadly Weapon Assault?

Assault with a deadly weapon occurs when somebody uses a weapon to attack someone with the purpose of seriously injuring or attempting to kill them. A deadly weapon is considered any object that can cause somebody serious injury or death. Some of the elements of assault with a deadly weapon include intent, the presence of a weapon, a victim in fear, and no legal justification.

Do I Need a Lawyer for an Assault With a Deadly Weapon Charge?

While you technically don’t need to hire a lawyer for an assault with a deadly weapon charge, it is highly recommended that you do. Having someone on your side who understands the stakes and can with the prosecution argue on your behalf can only benefit you in the long run. The last thing you want is to be caught unprepared in such a serious legal situation.

Contact Us Today

The Law Offices of James E. Silverstein understand the most effective ways to help you fight an assault charge. Contact us to speak with a team member about your case today.