Assault With Deadly Weapon
Assault With A Deadly Weapon In Tustin, CA
Assault with a deadly weapon can be a very serious charge, with potential repercussions that can change the course of a person’s life. If you are facing charges of assault with a deadly weapon in Tustin, CA, it’s essential to understand what exactly you are being charged with, and what the potential consequences may be.
What Is Assault With A Deadly Weapon (Or ADW)?
Being charged with a deadly weapon (sometimes referred to as ADW) means that you are being accused of committing assault against someone with a “deadly weapon” other than a loaded firearm; and/or, of using force against someone that is likely to result in grave bodily injury or death.
In order to get a conviction of assault with a deadly weapon, the prosecution must prove:
- That you were acting willfully and in earnest
- That you were not acting in self-defense
- That you had all of the necessary facts to reasonably understood that the act would result in force being deployed against the victim
- That you had the ability to use enough force that your act would likely produce great bodily injury or death.
It is important to get more specific about what we mean by “assault” in this context. Specifically, you do not have to seriously injure or even physically touch the victim in order to be charged with assault with a deadly weapon.
In this context, and in the legal use of the term “assault” generally, committing assault only requires you to have threatened or intimidated someone into believing that you were going to harm them, and/or attempted to do so.
So long as you used a deadly weapon to credibly intimidate someone into thinking you were going to harm them, you can be charged with assault with a deadly weapon in Tustin, CA.
What Is Considered A “Deadly Weapon”?
In this context, deadly weapons do not include loaded firearms, as assault with a loaded firearm is a separate, more serious charge.
Beyond that, the definition of “deadly weapon” is rather broad and can include virtually anything that could reasonably be used to cause great bodily injury or death. This includes explicit weapons (like batons, brass knuckles, or unloaded firearms), as well as things that are not explicit weapons. Common items used in assault with a deadly weapon incidents include:
- Baseball bats
- Blunt objects
How Serious Is Assault With A Deadly Weapon? What Are The Potential Penalties For Assault With A Deadly Weapon In Tustin, CA?
The severity of charges in an Assault with a Deadly Weapon case depends on the circumstances of the case and the discretion of the prosecutor. While police will usually make the arrest as a felony charge, ADW charges are what is known as “wobbler”, meaning the Orange County prosecutor can decide whether to charge you with a misdemeanor or a felony.
In the Tustin, CA Orange County Courts, if you are convicted of Assault with a Deadly Weapon as a misdemeanor, you may face:
- Up to one year in County jail
- Misdemeanor probation
- Fines of up to $1,000
If you are convicted of Assault with a Deadly Weapon as a felony, you may face:
- 2-4 years in state prison
- Felony probation
- Fines of up to $10,000
Have you or a loved one been charged with assault with a deadly weapon in Tustin, CA? If so, you will need an experienced, knowledgeable Tustin criminal defense attorney to represent your best interests. Attorney Edward R. Flores and the team at the Flores Law Group, a Professional Corporation, are here to help. Call for a free consultation on your case today.