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How to Beat an Assault with a Deadly Weapon Charge (PC 245)

Assault with a deadly weapon is one of the most serious crimes in California. Under California Penal Code Section 245, you could face up to four years in jail and $10,000 in fines if you are convicted of felony assault with a deadly weapon.

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That is why it is important that you hire an experienced criminal defense lawyer if you are facing assault with a deadly weapon charges. Your assault lawyer will understand the what successful legal defenses may apply to your case.

Our skilled attorneys at Wallin & Klarich have been successfully defending clients accused of assault with a deadly weapon for more than 35 years. Here are some of the defenses we have used to successfully defend our clients who were facing assault with a deadly weapon charges:

Self-Defense

Self-defense is one of the most common defenses to assault with a deadly weapon charges. If your criminal attorney can show that you were acting in defense of yourself or others when you made an attempt to injure the alleged victim, you will likely not be convicted of assault with a deadly weapon.

An experienced lawyer understands how to convince the jury that you were only using self-defense. First, it must be shown that a reasonable person in your situation would have believed that you or somebody else was in immediate danger of suffering serious injury or death. Then, your lawyer will attempt to show that the force you used against the alleged victim was necessary to defend against the attack.

Factual Impossibility

One element that must be proven in order to convict you of assault with a deadly weapon is that you actually used a “deadly weapon” to attempt to cause injury to another person. Therefore, one valid legal defense to these charges is that you did not possess an object capable of being used as a deadly weapon or you did not have the ability to inflict any type of injury.

For example, your attorney can argue that you had a physical disability or injury at the time of the alleged incident that made it impossible for you to actually inflict harm upon another person.

You Acted Involuntarily

In order to be convicted under PC 245, the prosecution must show that you intended to commit the act of attempting to cause harm to another person. The burden of proof is on the prosecution.

If there is any evidence showing that your actions were done by accident, mistake or through carelessness, these facts could be used by your attorney to defend you against these charges.

False Accusation

One of the best defenses to assault with a deadly weapon charges is that you are being falsely accused. Your lawyer may be able to show that the alleged victim’s testimony is unreliable. Also, this defense may be valid in your case if your lawyer can establish an alibi that shows you were not at the place where the alleged incident occurred.

Contact the Assault Attorneys at Wallin & Klarich Today

If you or a loved one has been charged with assault with a deadly weapon, you should contact a skilled criminal defense attorney immediately. At Wallin & Klarich, our knowledgeable criminal defense attorneys have over 35 years of experience successfully defending our clients facing charges of assault with a deadly weapon. We’ve helped thousands of clients in their time of legal need, and we can help you now.

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 work or live.

Contact our law firm at (888) 280-6839 for a free phone consultation. We will get through this together.

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About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.