What are the elements of assault with a deadly weapon?

Legal Definition of Assault with a Deadly Weapon

You committed an act against someone that would probably result in the application of force.
Your act was with a deadly weapon or an act that would likely to produce great bodily injury.
You act was done willfully and purposeful.

What is the sentence in California for assault with a deadly weapon?

(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or …

Is assault with a deadly weapon considered a violent crime in California?

The conviction is for a misdemeanor or felony offense; The defendant used a deadly weapon or “force likely to produce great bodily injury”; and….4. Does “assault with a deadly weapon” count as a “strike” in California?

Penal Code § 245(a)(1) PC offense	Strike under California’s 3 Strikes law
Misdemeanor	No

What is second degree assault with a dangerous weapon?

Second-degree assault. This more serious Class 4 felony involves either serious bodily injury or the use of a deadly weapon. Considered a “crime of violence,” second-degree assault is tried in district court with a DA prosecuting and carries a mandatory 5- to a 16-year prison sentence.

When is assault with a deadly weapon a felony?

Under California Penal Code 245 PC a 1, the crime of assault with a deadly weapon occurs whenever you attack (or attempt to attack) another person with a deadly weapon or by means likely to cause great bodily injury. The offense can be charged as a misdemeanor or a felony, and carries a maximum sentence of up to 4 years in jail or prison.

What happens if you get convicted of aggravated assault?

Learn about other common crimes and their penalties. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon.

What makes assault with a deadly weapon in North Carolina?

North Carolina recognizes two levels of assault with a deadly weapon: Those assaults that result in serious injury or were committed with intent to kill; and those that involved both serious injury and intent to kill. A serious injury, wile not defined in the statute, is generally any injury that could require medical attention.

What are the defenses for aggravated assault with a dangerous weapon?

Defendants charged with aggravated assault with a dangerous weapon have the usual defenses available to all criminal defendants, starting with “You’ve got the wrong person, it wasn’t me.”

What is a felony assault with a deadly weapon?

Assaults with a deadly weapon fall into misdemeanor and felony categories, depending on the incident: Class A misdemeanor. Assault with a deadly weapon other than a firearm is a Class A misdemeanor. Class 4 felony. Discharging a firearm in the course of an assault, except from a motor vehicle, is a Class 4 felony.

Where can I get an assault with a deadly weapon attorney?

Due to the severity of the assault with a deadly weapon sentence and punishment under Penal Code 245, it is vital that you contact an attorney who is dedicated to giving you the best representation possible. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina.

Can you be charged with assault with a deadly weapon in Illinois?

Assault with a deadly weapon in the state of Illinois can fall under several different charges depending upon circumstances and severity. For purposes of federal records, assault with a deadly weapon is part of the aggravated assault statistics. Defend your rights. We’ve helped 95 clients find attorneys today.