You can be charged with assault with a deadly weapon in California if you commit assault against another person with a deadly weapon, another object or force that will cause bodily injury.
While most people think this charge is exclusive to guns, it is not. It can apply to hitting someone with a baseball bat, stabbing them with a piece of broken glass or hitting another person with your vehicle.
Learn more about assault with deadly weapon charges and the potential penalties you may face if convicted of this charge.
The seriousness of assault with a deadly weapon charges
The charge of assault with a deadly weapon describes what it is in the name. This crime can be charged as a wobbler offense, which could be either a misdemeanor or a felony. The circumstances around the crime determine the charge you face.
Some of the factors considered to determine if it is a felony or misdemeanor include the following:
- The type of weapon used
- If the victim was injured and how severe the injury was
- If the victim was a “protected person” (i.e., firefighter, police officer, etc.)
Defending against assault with a deadly weapon charges
Whether it is charged as a felony or misdemeanor, it is wise to learn some potential defenses. There are a few potential defenses for this charge. For example, self-defense, lack of intent and others. Because a conviction carries significant penalties, like jail time, fines and more, it is best to learn what defense applies to your situation.
Since many crimes can be charged as assault with a deadly weapon, there are several ways to defend yourself. Knowing your legal rights and options can help you with this.