By hiring an experienced and respected criminal defense attorney, you can begin to undo the damage caused by a false allegation. (3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or Sec. Your attorney may be able to use factual impossibility as a valid defense if: You did not possess an object capable of being used as a … If you’re being charged with assault, it usually means that you acted in a way that made someone believe you would hit them or hurt them. Jeffrey Johnson There are a number of things you can do to have assault charges against you dropped. In addition, your attorney can challenge a witness’ level of sobriety and whether or not he or she may have used any legal or illegal drugs on the day of the alleged event. Sometimes a substance can also be considered a deadly weapon. Under California Penal Code Section 245(a)(1), if you are convicted of felony assault with a deadly weapon you face up to four years in jail, $10,000 in fines, and a strike on your criminal record under California’s Three Strikes law. Assault with a deadly weapon is considered to be a felony crime in most states. (3) Assault of a law enforcement officer is a class A person misdemeanor. An experienced assault with a deadly weapon attorney will also explore whether any witnesses were in a position where they could accurately witness what they claim they saw. An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. Among the dismissed charges were armed robbery, assault with a deadly weapon with intent to kill and attempted first-degree murder. This is an act of violence or a threat of violence in which a weapon is used, such as a gun, knife, or other implement. Assault with a deadly weapon is one of the most serious crimes in California. Penalties can include: Up to 6 months in jail, and/or; A fine of $50-$750. The state attorney for the Eighth Judicial … With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich assault attorney available to help you no matter where you are located. Even though not a direct punishment, an assault with a deadly weapon charge can have other collateral consequences on a person’s employment, educational funding opportunities, and professional licenses. It can still be prosecuted two ways, with a summary conviction and a maximum penalty of 18 months in jail, or, if it is prosecuted as an indictable offense, up to 10 years in prison. Misdemeanor Assault With a Deadly Weapon Charges. In Fort Worth, Texas, a man was charged and convicted of aggravated assault with a deadly weapon, namely his semen or bodily fluids, because he was HIV positive and knowingly engaged in unprotected sexual activities with multiple partners, thereby recklessly infecting them with the HIV virus. Yet, a tire iron could also be a deadly weapon, as could a rope that might be used to strangle someone. Of course, if criminal assault charges are filed, we stand ready to defend you against them. If you or a loved one have been accused of a crime, now is the time to contact us. If a person points a gun at his neighbor and threatens to shoot him, then the threat is sufficient to constitute an assault for the purposes of an aggravated assault charge. In order for self-defense to be an effective defense strategy in your case, your attorney must show that the force you used against the alleged victim was reasonable under the specific circumstances you faced. The shop assistant spoke to their fear of being injured by the accused. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Instead of requiring that a victim actually experience pain, some states authorize convictions even when the victim is placed in apprehension or fear of imminent bodily injury or death. (To learn about assault and battery as intentional torts that can form the basis of a civil lawsuit, check out Assault and Battery as Personal Injury Claims .) Instead of having a separate charge or statute for intoxication assault offenses, some states or jurisdictions will address these offenses with a reckless conduct aggravated assault charge. Mr. Wallin also helps clients with family law matters such as divorce and child custody. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”, My brother was convicted of second degree murder in Los Angeles County. If you're facing assault charges, it means you acted in such a way that someone believed, or was afraid, that you were about to hit them. Some states will even treat an assault as an infraction with just a fine or jail time under thirty days, if the injury was minimal and there was no weapon. Find the right lawyer for your legal issue. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Serious bodily injury means the injury leads to protracted loss or impairment of a body part or organ, serious permanent disfigurement or death, or a substantial risk of death. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Continuing with the school zone example, thousands of people drive cars every day and in their ordinary use, cars are not considered deadly weapons. Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. It will be up to the prosecution to determine if a plea deal will be offered. However, penalties escalate rapidly if weapons are involved. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Victim did give the police and hospital a statement implicating me but defendant was also intoxicated (.225 BAC). But being charged is not the same as being convicted. Aggravated Assault: Assaulting someone: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used Brazee was initially charged with felony assault with a deadly weapon with intent to kill, but after the Alamance County District Attorney’s office assigned a staff investigator to conduct a follow-up investigation, a grand jury failed to return an indictment. However, it is possible to be charged just with assault, meaning that you were about to hit someone, and maybe even took a swing at them, but you never connected. An assault with a deadly weapon occurs when an attacker accompanies a physical attack with a physical object capable of inflicting serious bodily injury or death, by virtue of its design or construction. You can be charged with assault for threatening someone whereas battery requires actual physical contact. Another valid legal defense to assault with a deadly weapon charges is that it is factually impossible that your act meets all of the elements of the crime. To aggravate a crime basically means to make it more serious. Cook faces a misdemeanor riot charge. The distinction between the two classifications depends on the seriousness of the injury, whether a weapon was used, and the person who was injured. You committed an assault on another person; The assault was done willfully or with the intent to cause the person harm; You committed the assault while in the possession of either a deadly weapon or firearm; and, The assault was done with force likely to produce serious bodily injury or death, You did not possess an object capable of being used as a deadly weapon, You did not have the ability to inflict any type of injury, or. For example, a defendant may not deny that a child was hurt as he was driving through the school zone, but instead may argue that the event was an accident, not reckless conduct. Many states, however, broaden the application of the assault with a deadly weapon statute by including reckless conduct. Call a Chicago criminal defense lawyer at 312-345-1700. 17592 Irvine Blvd. For instance, your criminal defense lawyer may be able to show you were not at the scene of the crime when the alleged assault took place. Many of the same defenses that are available against a regular assault charge are available in the case of an assault with a deadly weapon charge. Having an assault charge dropped is different than being found not guilty of assault. Simple assault can become aggravated assault when a deadly weapon is used to threaten the victim. If a victim suffered an injury because of the actions of a defendant, the strategy may focus more on the intent of the contact or the use of the deadly weapon to get the charge reduced. For example, guns and knives are obviously deadly weapons. Assault with a deadly weapon is a felony level offense. Aguirre, 63, has been charged with aggravated assault with a deadly weapon. This eliminates your need to prove your innocence during the course of a trial. This would be under the category of domestic violence and a number of factors will be taken into consideration in determining whether or not the charge of assault with a deadly weapon will be reduced to a misdemeanor. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Some states refer to this charge as assault with a dangerous instrument or aggravated assault with a deadly weapon. I now realize the importance of obtaining a law firm that has years of experience in criminal law. San Bernardino, CA – Charges were officially dropped today against A. Ochoa, who was arrested in January for assault with a deadly weapon. Due to prison overcrowding, offenders who are convicted of using deadly weapons are held in prison longer and parole later than defendants who are convicted of non-violent offenses. He faces four misdemeanor charges in the attack, and Dallas police referred a felony charge of aggravated assault with a deadly weapon to a Dallas County grand jury. Usually it's charged together with battery, which means you did hit somebody. (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; This would be under the category of domestic violence and a number of factors will be taken into consideration in determining whether or not the charge of assault with a deadly weapon will be reduced to a misdemeanor. If you or a loved one have been accused of a crime, this is the time to contact us. The most basic example of knowing or intentional conduct is when one person hits another with a closed fist. Related Assault Charges – Deadly Conduct. However, a variety of instruments can be considered a deadly weapon. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Many states define guns or firearms as deadly weapons. Spitting on another person or throwing an object at a person are also classed as common assault. Assault with a deadly weapon is considered to be a felony crime in most states. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. But our shock turned into horror when he was charged with felony arson. However, there can also be an assault even if there is no physical or actual contact with the victim. If you hope to have your charges withdrawn, it is in your best interest to pursue anger management counselling or perhaps volunteer in the community immediately following the offence. Quotes and offers are not binding, nor a guarantee of coverage. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. For example, if a defendant consumes alcohol and decides to drive 100 MPH through a school zone, the defendant could be charged with assault with a deadly weapon if a child is hurt because the defendant engaged in conduct that was clearly reckless to the safety of the children in a marked school zone. To be convicted of assault with a deadly weapon, the prosecution must prove: The punishment for assault with a deadly weapon is serious, so it is critical that you hire an experienced assault lawyer if you are facing assault with a deadly weapon charges. Most defenses to an assault with deadly weapon charges stem from what is considered an assault or a deadly weapon. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. Jeffrey Johnson is a legal writer with a focus on personal injury. Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. If you find yourself facing assault with a deadly weapon charges in the state of Illinois, you could be slapped with a number of very severe penalties that may affect the rest of your life. Even where the punishment level is lower, the parole consequences are usually higher. However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. When notable injuries occur, a charge can be stepped up to causing bodily harm. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. The answer to your question is "it depends." Use of a deadly weapon during an assault constitutes aggravated assault. Before accepting a plea bargain, a defendant should consult with a criminal defense attorney to review all of the defensive and sentencing options. To aggravate a crime basically means to make it more serious. Law Office of Andrew Bouvier-Brown 1,756 views 2:27 Not only untrue, but essentially impossible. Mr. Wallin founded Wallin & Klarich in 1981. By arguing your case, we might be able to have your case dismissed, lessen the penalties, or have the charges reduced. I also have no priors. Penalties for a Battery Charge. (a) A person commits an offense if the person commits assault as defined in Sec. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. The way the package was organized and presented to the presiding judge was very impressive to me. “Deadly weapon” generally refers to a wide range of objects that can inflict mortal or great bodily harm—for example a car or a golf club. Managing Editor & Insurance Lawyer. Consent or mutual combat is a defense if both parties agreed to the use of the same or similar dangerous instruments. Assault with a weapon is exactly what it sounds like. My friend found out that his ex girlfriends new boyfriend was foundling his 9 year old daughter needless to say when he found iut he took matters into his own hands. Due to this, a victim of assault will not have the ability to drop the charges. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. State and … Certain crimes committed with a deadly weapon can lead to aggravated assault charges. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. In the state of Arizona, Aggravated Assault is defined under A.R.S. Brazee was initially charged with felony assault with a deadly weapon with intent to kill, but after the Alamance County District Attorney’s office assigned a staff investigator to conduct a follow-up investigation, a grand jury failed to return an indictment. If you or someone you love has been arrested for a charge of assault with a deadly weapon, you should speak with one of our experienced criminal defense attorneys at Wallin & Klarich today. The contents of this website may contain legal advertising. Some courts refer to assault with a deadly weapon as an aggravated assault. If your rights were violated or if the police wrongfully gathered evidence against you, that evidence can be excluded from trial, which, in turn, can lead to a reduction or dismissal of the assault charge. 13-1204; it carries important distinctions from a simple Assault charge and, as a result, typically sees more serious punishments following a conviction in court.There are many circumstances where an Aggravated Assault charge may be placed. Prosecutors will even go forward with the case of assault with bodily injury in Texas without the victim’s cooperation. (2) Aggravated assault is a severity level 7, person felony. Penalty for Assault With a Deadly Weapon. Although weapons like guns and knives are obviously deadly, this law also covers the use of improvised weapons such as baseball bats, golf clubs, motor vehicles, acids or other caustic chemicals, etc. The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Kaplan was assigned to investigate a case of aggravated assault with a deadly weapon and domestic violence in Mesa, according to police documents. This doesn’t influence our content. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. Other items which courts have held to be deadly weapons include knives, clubs, baseball bats, and hammers. If you have been charged with assault with a weapon, the likelihood that you will be admitted to AMP or that you will receive a peace bond will be reduced due to the increased seriousness of the offence. Atkinson v HMA (1987 SCCR 534) The accused, wearing a mask, had entered a shop and vaulted over the counter. ... but charges were dropped … At Wallin & Klarich, we have over 35 years of experience successfully defending clients against assault with a deadly weapon charges. brandishing a weapon at someone) can constitute assault. Though dropping assault charges depends purely on the case facts and details, a lawyer will be equipped with comprehensive knowledge about relevant assault laws. The definition is set out by each state’s penal code, but usually involves some evidence that the deadly weapon was used or intended to be used in a way that was capable of causing death or serious bodily injury. (1) With a deadly weapon; (2) while disguised in any manner designed to conceal identity; or (3) with intent to commit any felony. If you’re also being charged with battery, this means that you did cause them bodily harm. He was sentenced to 16 years to life in state prison. As a deadly weapon was included as part of the offense, Taylor will have to spend half of the sentence, or four years, in custody before he can be eligible to be considered for parole. Most assault and battery charges are misdemeanor offenses in North Carolina. Read on to learn what defines assault and battery, aggravated assault, and related crimes. In many types of criminal cases a victim of a crime can request for charges to be dropped and the offender can avoid penalties. To prove an assault with a deadly weapon charge, the state must also show that a defendant actually used a deadly weapon or dangerous instrument. Three charges dropped for man in shooting case ... aggravated assault with a deadly weapon, riot, possessing instruments of crime, recklessly endangering another person, simple assault… Mr. Ochoa was at his girlfriend’s residence in January 2016 when her abusive ex-husband repeatedly knocked on the door while yelling obscenities. Yes. To better help you with your case we now also offer Virtual Consultations - CALL 877-466-5245 to schedule an appointment or click here for more information. Assault with a Deadly Weapon in California - Attorney, Andrew Bouvier-Brown, Explains the Law - Duration: 2:27. 22.02. In assault cases, the defendant often states that he or she only committed the act to protect him or herself from an attacker. In doing so, your lawyer can explore how well the witnesses recall the surrounding events. Tustin, CA 92780 PA 215-639-5297 Aggravated Assault. May was charged with possession of a firearm by a convicted felon, one count of domestic aggravated assault with a deadly weapon without intent to kill and two counts of aggravated assault with a deadly weapon without intent to kill. How or why assault with a deadly weapon charges are dismissed is specific to each case. Can a charge of aggravated assault with a deadly weapon be dropped to a lesser charg? While the assault with a deadly weapon charge has been dropped as a felony charge against Combs, he might still wind up facing lesser charges. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Our goal is to be an objective, third-party resource for everything legal and insurance related. Self-defense often can be utilized as an outright defense if the evidence supports it. If the victim asks the prosecutor how they can get the assault charges dropped, they may not be treated with much kindness. How an Assault with a Deadly Weapon Attorney Can Help You. You could face a lengthy prison sentence and the stigma of being a convicted felon. Most prosecution office and courts will issue a protective order in a domestic violence case. An attorney that is knowledgeable and experienced with criminal law can help in getting your sentence reduced or even dropped. Free consult. A closely related but lesser criminal charge to assault with a deadly weapon is “Deadly Conduct.” Under Sec. Words can be enough. Self-defense is one of the most common defenses to assault with a deadly weapon charges. They have significant short-term and long-term impacts on any defendant’s life. Assault is defined as the direct infliction of injury, force or violence upon a person. ... Often, these cases arise when a “deadly weapon” is “used.” Fortunately, we have won many aggravated assault cases in trial and had many dropped before reaching trial. Can Assault with a Deadly Weapon Charges Be Dropped? LAPD was in pursuit of a vehicle after an alleged assault with a deadly weapon against a police officer Friday night. Assault with a Weapon. If the DA thinks you were attempting to murder the person with your deadly weapon he/she can charge you either way. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. Understanding the Aggravated Assault Statute. You could face a lengthy prison sentence and the stigma of being a convicted felon. We will be there when you call. We strive to help you make confident insurance and legal decisions. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. There are situations where these charges may be lessened or dismissed, especially if the victim entered the home or property of the attacker. 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