If you’re facing charges as serious as assault with a deadly weapon in San Jose, CA, it’s essential to reach out to a criminal defense lawyer as soon as possible. The consequences that follow this conviction are severe and long-lasting–this charge should never be taken lightly. For defendants who need help in San Jose, California, contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys at (408) 217-8818, to schedule a free consultation with a San Jose assault with a deadly weapon lawyer.
How Ahmed & Sukaram, DUI and Criminal Defense Attorneys Can Help If You’re Arrested For Assault With a Deadly Weapon
If you’re facing assault with deadly weapon charges in San Jose, CA, it’s important to work with experienced legal representation as soon as possible. Here are some ways we can help:
- After speaking with you and getting your version of what happened, we will investigate the alleged charges and obtain all relevant evidence that can help prove your innocence.
- We will also review any evidence the prosecutor gives us that they are considering using against you at trial.
- We will negotiate with the prosecutor to reach a plea deal that will be favorable to you, reducing the risk of a longer sentence if you were to go to trial and be found guilty.
We’re here to assist after any type of charge in San Jose, California. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys, to schedule a free consultation with a San Jose criminal defense attorney.
Overview of Assault With a Deadly Weapon in California
Assault with a deadly weapon (ADW) in California involves attacking or trying to attack someone using a weapon that can cause death or serious injury. A deadly weapon doesn’t include only knives and guns–it can be something seemingly innocuous, such as a pencil or bottle. Even dogs can be considered deadly weapons if someone commands them to attack another person. This charge can be categorized as either a misdemeanor or a felony, depending on the severity and outcome.
Elements Required for Conviction
To convict someone of assault with a deadly weapon, the prosecutors need to prove the following elements:
- Probable application of force: Prosecutors must show that the defendant did something likely to apply force to another person directly.
- Use of a deadly weapon or dangerous force: The action taken involved using a weapon or a force that could result in significant bodily harm.
- Willful act: It must be proven that the defendant acted on purpose.
- Awareness of potential harm: The defendant knew, or reasonably should have known, that their actions could likely result in applying force.
- Present ability: Finally, it must be proven that the defendant had the actual ability at the time to apply this force, using a weapon or an action capable of causing serious damage.
Understanding these elements can be essential for any defendant navigating the legal process.
What Are the Penalties For Assault With a Deadly Weapon in San Jose, California?
The penalties for this charge vary depending on the weapon used and the specifics of the incident. This means that the prosecutor can decide to charge it as a misdemeanor or a felony. The following is an overview of the possible consequences of this offense:
- ADW without a firearm: If you are accused of ADW without a firearm and it is charged as a misdemeanor, you could face up to 1 year in jail and/or a fine of up to $1,000. If charged as a felony, you’re looking at up to 4 years in prison and/or a fine of up to $10,000.
- ADW with an ordinary firearm (revolver, pistol, etc.): If charged as a misdemeanor, this can lead to 6 months to 1 year in jail and/or a fine of up to $1,000. As a felony, ADW with an ordinary firearm carries up to 4 years in prison and/or a fine of up to $10,000.
- ADW with a semiautomatic firearm, a machine gun, an assault weapon, or a .50 BMG rifle: In this case, the prosecutor will charge the offense as a felony, carrying up to 12 years in prison.
- ADW of a police officer or firefighter: If the offense is alleged to be against a police officer or a firefighter, you face up to 12 years in prison if a firearm was involved or 5 years in prison if there was no firearm present.
Knowing these penalties can help you better understand the legal consequences and prepare a defense.
What Defenses Can Be Raised If I’m Arrested For Assault With a Deadly Weapon?
Facing a charge of assault with a deadly weapon can be overwhelming, but you have the right to defend yourself. Understanding potential defenses can help you respond to these charges. Below are some common defenses used in assault with a deadly weapon cases:
- Self-defense: One of the most common defenses is self-defense. If you can show that you were protecting yourself from an immediate threat, this may justify your actions. It’s important to demonstrate that your response was reasonable and necessary under the circumstances.
- False accusations: It’s possible to be falsely accused due to mistaken identity or malicious intent. Demonstrating that you were not the person who committed the alleged act can be a strong defense. Providing evidence, such as an alibi, is often key in proving innocence.
- No deadly weapon: Successfully arguing that no deadly weapon was involved in the alleged assault can reduce the severity of the charges and possible penalties. This defense doesn’t imply innocence but rather seeks to lessen the impact of a conviction. Demonstrating that the object in question does not meet the legal criteria of a “deadly weapon” can lead to lesser serious charges and penalties.
An experienced criminal defense attorney can help you determine the best legal defense and will do everything possible to protect your rights and your future.
If you’re dealing with criminal charges, especially something as serious as assault with a deadly weapon, it’s absolutely essential to contact a criminal defense lawyer as soon as possible. They will protect your rights and give you the best chance to walk away from the situation without a criminal record. Our team is always here to help you. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys, to schedule a free consultation with a San Jose assault with a deadly weapon lawyer.