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After an arrest, someone may be told they are being charged with assault with a deadly weapon. This allegation is not one-size-fits-all and can have different implications for those accused.
The California assault with a deadly weapon attorney at The Law Offices of Kirk Tarman & Associates shares some of the most common questions surrounding this charge.
What is the California Law?
California Penal Code 245 PC defines a deadly weapon as any physical item that, when used, can cause physical harm. This leaves much room for law enforcement and prosecutors to define a “deadly weapon.” In many cases, a “deadly weapon” could be a common household item like a kitchen knife or scissors. Other common deadly weapons can include:
- Firearms;
- Vehicles;
- Axes; and,
- Baseball bats or other sporting equipment.
What are Examples of Assault With a Deadly Weapon?
Just because someone has possession of an item that could be considered a deadly weapon does not mean they will face legal trouble. An action has to take place with the deadly weapon to arise to this charge. Common examples include:
- Pointing a gun at someone;
- Ramming into a person with a vehicle;
- Trying to stab someone with a knife; and,
- Chasing after someone with the intent to hurt someone with a deadly weapon.
What Penalties Are Connected to Assault with a Deadly Weapon?
Depending on the details of the allegation will determine what the ultimate penalties are for someone facing an assault with a deadly weapon charge.
If the charge is classified as a misdemeanor, penalties can include:
- Fine of up to $1,000;
- Probation up to five years; and,
- Up to one year in county jail.
A misdemeanor charge will typically not result in a strike as part of California’s three-strikes law.
A felony charge, on the other hand, will result in consequences such as:
- Fine of up to $10,000;
- Probation;
- Between two and four years in state prison; and,
- A strike.
The Assault with a Deadly Weapon Attorney at The Law Offices of Kirk Tarman & Associates
These are only a few questions someone may have concerning an assault with a deadly weapon charge. If you or a loved one are accused of this offense, having an experienced assault with a deadly weapon attorney working on your case is essential.
The team at The Law Offices of Kirk Tarman & Associates is ready to help you fight criminal charges. We’ll work hard to get you the best possible result for your legal matter. Contact us online or by phone so we can start working together. (909) 658-7341