In California, assault is a grave offense. It happens when you intentionally try to harm someone else and are currently capable of doing so. If you conduct assault while brandishing a dangerous weapon, like a knife or gun, the charges against you become more serious, and you could face harsher punishments. When the prosecutor files charges of assault with a dangerous weapon against you, several legal repercussions come into play. It is advisable to seek the help of a skilled criminal lawyer immediately after your arrest. In addition to providing legal representation, your lawyer will make sure you comprehend the legal implications of your charges, your options, and the most effective defenses.

The Legal Definition of Assault with a Deadly Weapon

An assault is a deliberate act of using force directly against another person that is likely to cause severe injury. Assault with a dangerous weapon occurs when you use a lethal weapon to attack or attempt to attack another person. PC 245(a)(1) forbids using a dangerous weapon during an assault on a person. Prosecutors can charge it as a felony or misdemeanor based on the facts of the case and the defendant’s criminal history. A felony conviction carries a possible 4-year prison term and a significant court fee. For this reason, if you are currently facing accusations under this law, you require strong legal counsel.

There are various ways to commit assault with a dangerous weapon. Here are several scenarios where charges under this statute could be brought:

  • Breaking a bottle nearby and attempting to stab another person with a piece of the broken bottle
  • The act of hurling a stone or other heavy object at another person.
  • Letting go of your dog and ordering it to attack someone else
  • Threatening to shoot someone while pointing a loaded gun their way

Remember that your charges will increase if you use a gun to commit a crime.

But the court cannot find a defendant guilty based only on the allegation that they assaulted someone with a lethal weapon. You must go through a trial, where the prosecution must establish all the crime aspects. You can also offer proof and arguments to refute the prosecutor's claims. The jury renders a verdict based on the testimony given in court. They will find the defendant guilty if the prosecutor's case meets all requirements for the offense. The judge will determine your punishment based on the particulars of your case.

The prosecution must prove the following elements of this crime for the judge to find you guilty:

  • That you did something that, from its nature, is likely to lead to the use of physical force against someone else
  • You carried out that act with force likely to cause serious bodily harm with a dangerous or lethal weapon.
  • Your activities were intentional or voluntary.
  • You knew of information that would have led a sensible person to assume that using force against that individual would be your most likely and direct course of action.
  • You could have used force against the individual, brandishing a deadly weapon at the moment, possibly even causing severe physical harm to them.

You could face charges for assaulting someone with a dangerous weapon even if the victim is not hurt. What matters is that you used physical force against them, and that physical strength could have seriously injured someone. Instead of whether you used force against the victim, the prosecution will primarily consider whether your behavior could have justified doing so.

To further grasp the legal significance of this offense, let us elaborate on these elements:

Using Force Against Another Individual

The main element of assault is using physical force against another individual. In this context, "applying force" refers to any damaging physical contact you make with the victim arrogantly or disrespectfully. Any touch counts as long as it is done in an offensive or insulting manner.

A deadly weapon can be used to assault a person, even if the application of force (the contact) is indirect. If you use an object, your unpleasant or impolite touch could be perceived as assault. Remember that the law does not require you to actually use force or touch the other individual for it to apply to you. The prosecution must show that you initiated the situation or performed actions that would have led to you using force against the other party.

Example: Jane and her boss are at odds about some outstanding work. She hurls her coffee cup at her boss fiercely in the heat of the moment. Her boss instantly leans to the side. The cup strikes the wall and shatters.

In this instance, the cup is a lethal weapon since it could have seriously hurt the boss if it had landed on their face or head. Jane also acted angrily. She deliberately took and tossed a cup toward another person. Any sane individual would understand that throwing a cup at someone else could lead to physical injuries. The court can easily find Jane guilty of violating the law because the circumstances of the case meet the requirements for assault with a lethal weapon.

Remember that even if the cup did not directly hurt the supervisor, the charges will still be sufficient, and a conviction can still occur.

A Dangerous/Deadly Weapon

According to this regulation, a dangerous weapon is anything with a high probability of inflicting bodily harm or even death upon a target. Among the dangerous weapons that could give rise to prosecution under this law are the following:

  • Knives
  • Guns

While these two, when used against a person, can inflict direct bodily harm, there are other objects that, when employed in a particular way, can do the same. These are also thought of as dangerous weapons. Examples comprise:

  • An unloaded firearm (it can seriously injure or kill someone else if you use it to attack or club the person)
  • A BB gun
  • A glass bottle (when used to attack a person)
  • A dog, if commanded to attack a person
  • A vehicle is it is used to run a person down

The type of weapon you use to attack someone else will not matter. What will matter is the potential harm you could have done to that individual had you succeeded in carrying out the attack.

Great Bodily Harm

Assault with a lethal weapon should cause significant physical harm. This legislation states that great bodily harm refers to any significant physical damage a person can receive following an assault. It goes beyond a minor hurt. Examples of bodily harm that can meet this criterion include:

  • Lacerations
  • Broken bones
  • Dog bites
  • Gunshot wounds
  • A black eye

Remember that the prosecutor does not need to prove that you assaulted someone with a dangerous weapon. They only need to demonstrate that your actions had the potential to cause serious physical harm.

Willful Action

Typically, an assault is a deliberate act. When you carry out a task voluntarily or on purpose, you are acting willfully. Also, you must not have intended to harm the victim, break the law, or benefit from the situation, even though your actions were intentional. Additionally, a purposeful act lacks premeditation. It can happen when things are tense.

Example: Christina has always been one of June's top staff members in her restaurant. But she has lately experienced something that is making her quite agitated at work. After a minor argument in the kitchen the other day, she flung a sharp knife at the senior chef. In defense, Christina argues that she did not mean to hurt the chef. Nevertheless, even if the chef is not hurt, she is guilty of attacking him with a dangerous object.

Remember that it is irrelevant whether the defendant intended to cause the victim harm or whether the victim suffered substantial physical injury. The greatest concern would be what would have occurred if the defendant had successfully utilized the lethal weapon to apply force on the victim.

Penalties for Assault with a Dangerous Weapon

The serious crime of assault carries a jail sentence and a hefty fine. If you use a deadly weapon against another person, your charges will be more severe. If any other dangerous weapon was used instead of a firearm, assault with a dangerous weapon is often a wobbler offense in California. It means that the prosecutor can charge it as a felony or misdemeanor.

According to this statute, if the court deems you guilty of a misdemeanor, you could face the following punishments:

  • Summary or misdemeanor probation
  • A jail sentence of not more than one year
  • Court fines not exceeding $1000

A felony charge will attract more severe penalties that could include:

  • Formal or felony probation
  • A prison sentence of not more than four years
  • Court fines not exceeding $10,000

If you attacked someone with a gun or a protected official, like a firefighter or a police officer, your punishments would probably be harsher.

The prosecutor could file misdemeanor or felony charges against you if you assaulted someone with a pistol or revolver, depending on the facts of your case and your criminal history. You will probably face the above punishments if you are found guilty of a misdemeanor or felony.

Assault with a lethal weapon is a direct felony if you use any of the dangerous weapons listed below,:

  • A machine gun
  • Assault weapon
  • Semiautomatic firearm
  • .50 BMG rifle

The maximum prison term for a straight felony is twelve years.

You will face felony charges if you assault a protected official, like a firefighter or police officer, with a dangerous weapon. But the prosecution must establish that you were aware or reasonably should have known that the alleged victim was a firefighter or police officer. A maximum prison term of five years is possible if you intentionally used any other dangerous weapon to assault a protected officer. But if the deadly weapon was a gun, you could receive a 12-year prison term.

Other Consequences of a Conviction

Keep in mind that a felony conviction could alter your entire life. Some repercussions of a conviction are felt even after you have completed your probation or sentence in jail/prison. It is because your criminal record is visible to the public. Your conviction can be discovered by anyone running a background check on you, and they will treat you accordingly.

For example, a prospective employer can reject your application for a job even though you are qualified by invoking your criminal background. Landlords use such data to screen applicants with criminal histories before renting or leasing to them. You should try your hardest to refute your accusations to avoid a conviction.

Your gun rights are impacted after a felony conviction. In California, offenders with a felony conviction are not permitted to purchase or own firearms. You can lose your right to bear arms either temporarily or permanently after your conviction. You will also have to hand over any weapons you happen to have.

How To Fight Your Charges

Preparing a defense to prevent a conviction is possible when you know the legal definition of assault with a dangerous weapon. Keep in mind that receiving a criminal conviction has substantial repercussions that could have an impact on every element of your life. For example, if the judge sentences you to prison, you could lose a significant amount of time. Additionally, you will need to deal with a damaging criminal record. But a knowledgeable criminal lawyer can assist you in defending your charges. Fortunately, the law permits criminal defense lawyers to employ various legal defense tactics to undermine the prosecution's case against you. Using some of these tactics, your counsel can force the prosecution to drop or reduce your charges:

You Did Not Use a Deadly Weapon

This law only considers you guilty of assault if you utilized a deadly weapon in the offense. Suppose you did not employ a deadly weapon to conduct the crime. In that case, you can use this defense to force the judge to lessen your charges if the prosecutor can show all assault-related aspects beyond a reasonable doubt. Simple assault results in less severe penalties after conviction than assault with a dangerous weapon. Your situation can improve if your defense attorney employs this strategy. Your lawyer can argue that even if you had a weapon at the time of the assault, you did not use it, or it was not a lethal weapon.

For example, hurling a little book at someone during a heated disagreement. A little book is not a dangerous weapon because it is unlikely to do serious bodily harm, but if you throw the book in a wrong or unpleasant way out of anger, you will be guilty of assault.

Your Actions Were Not Willful

If you used a dangerous weapon against someone else in an unpleasant or insulting way but by accident, your lawyer can use this argument. You could be guilty of an accidental assault with a dangerous weapon if you can convince the court that you did not intend to harm the other party. The prosecution must also establish your guilt beyond a reasonable doubt for the court to give a guilty verdict. The jury cannot find you guilty if the DA cannot show that you behaved willfully. The judge will finally drop your charges.

You Were Defending Yourself

The court will drop your charges if you argue that you were acting in self-defense. You can do so if you believe that you were in immediate danger and that you had to use force to stop the alleged victim from hurting you. But your counsel must demonstrate the following for the court to accept a self-defense strategy:

  • That at the moment, you thought you were in immediate danger
  • You had the impression that you had to stop the threat or defend yourself by using justifiable force.
  • You just applied the necessary force, given the situation.

Example: A man pushes the door open and forces his way in as Sharon enters her apartment. Sharon immediately pulls a revolver out of her purse and points it at the man. She threatens to pull the trigger if he does not leave her house right away. While Sharon fully complies with the requirements of assault with a dangerous weapon, she does so to defend herself from imminent danger. She could have thought the man would hurt her and needed to protect herself with sufficient force.

Find a Competent Criminal Attorney Near Me

The first step to take if you face charges of assault with a dangerous weapon in Los Angeles is to find a competent criminal defense lawyer. These are severe charges that would have far-reaching repercussions if the court finds you guilty. Your lawyer will assist you in comprehending the implications and legal significance of your charges. They will also provide you with support throughout the trial and as you navigate the convoluted legal system. Every day, we handle assault cases at Los Angeles Criminal Attorney. As a result, we know the finest legal defense tactics to employ to secure a favorable outcome for your case. We can persuade the judge to drop or downgrade your charges. To learn more about your charges and our services, call us at 424-333-0943.