You probably don’t need a lawyer to tell you that it’s illegal to assault someone with a deadly weapon. You will want a lawyer, though, if you are charged committing that offense.
To prove assault with a deadly weapon, the prosecution must show you committed an act that, by its nature, would result in the direct application of force to someone in either a harmful or offensive manner. And, of course, you need to have used a deadly weapon in doing so.
Certain types of deadly weapons are obvious, like guns or knives. However, nearly anything can become a deadly weapon if it can kill someone or cause great bodily injury. One of the most common examples? Trying to run someone over with your car. Even using normal day-to-day objects, like a glass bottle, can become a deadly weapon if you are using it to harm someone. Actual injury, however, is not required. All you need is the potential to cause great bodily injury or death.
Assault with a deadly weapon charges are serious—they can be charged as misdemeanors or felonies, but if charged as a felony, it is a “strike” offense in California. And depending on the type of weapon used and possible injury caused, it is a fine line between being charged with assault with a deadly weapon and being charged with attempted murder.
This is why it is critical to make sure you have a quality, locally experienced, criminal defense firm in your corner to explore all possible defenses to your case. Do you have a legitimate self-defense claim? Can the prosecution prove you had the required intent? Maybe that “lethal” object you used does not meet the legal definition of “deadly weapon.”
All criminal prosecutions are unique, and your defense should be uniquely tailored to your case, as well. For more information on how to defend against an assault with a deadly weapon case, you can check out managing partner David P. Shapiro’s video here, or give us a call at (619) 295-3555 to set up a consultation today.
The contents of this article and blog are for meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.