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Assault with a Deadly Weapon Charges

Facing Aggravated Assault Charges in California

If you are alleged to have carried out the assault with the use of a deadly weapon (or ADW), you can be charged with aggravated assault, which is a much more serious charge than simple assault. Depending on the circumstances of the alleged crime, a prosecutor can charge assault with a deadly weapon as either a felony or a misdemeanor. There are several different factors which a prosecutor takes into account when making a decision about this wobbler crime.

When charging assault with a deadly weapon, the following may be considered:

  • What type of weapon was used in the alleged aggravated assault?
  • Did the alleged victim suffer an injury? If so, how severe was it?
  • Was the alleged victim a “protected person?” Were they a police officer? Firefighter? Other public official?

The above factors can not only contribute to how the crime is charged, but the potential consequences you could face as well. At Second Chances Law Group, our criminal defense attorneys and legal team work hard to minimize the consequences of the charges you are facing.

Defense Strategies for ADW Charges

It is not uncommon for law enforcement officials or prosecutors to make mistakes now and then, including charging persons who have been falsely or wrongfully accused. Many times, a deceitful person will launch a false or exaggerated claim against the defendant. Other times, the defendant acted in good faith, using physical force to thwart off an attacker such as in a case of self-defense or defense of others. It’s very important that you have powerful, experienced, and skillful criminal defense to stand with you regardless of the circumstances which led to the arrest.

A few examples of defense strategies we may employ to avoid a conviction or three strikes charge include:

  • Mistaken identity: Perhaps you have been wrongfully accused or identified and a proper investigation can yield evidence that you are not the alleged assaulter
  • Lack of present ability to carry out the alleged assault: Perhaps your conduct did not even rise to the level of assault.
  • There was no likelihood of great bodily harm from your conduct
  • The alleged “deadly weapon” used in a confrontation with the alleged victim could not possibly have produced great bodily injury, or even have been likely to do so
  • Consent (mutual combat)
  • No willfulness or intent

Our criminal defense attorneys can put together a powerful legal defense in your case. If you or a loved one has been charged with assault with a deadly weapon, contact us now at (626) 827-7222 for a free consultation.

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