I am wrongfully accused of Assault with a Deadly Weapon in Riverside. How can an attorney help me get my charges dismissed? (PC 245)
If you are wrongfully accused of assault with a deadly weapon in Riverside under Penal Code section 245(a), your first question is how to make it all go away. With over 30 years of experience in the field, let the Riverside Assault with a Deadly Weapon Defense Attorneys at Wallin & Klarich help you make sense of it all.
Assault with a deadly weapon is a “wobbler offense” meaning the prosecutor can charge it as a felony or misdemeanor. Under Penal Code section 245(a), the punishment for a felony conviction can be a state prison sentence of up to four years and a fine up to $10,000. A felony conviction can also be a “strike” under the Three-Strikes Law. A misdemeanor conviction can carry the same fine and a one year county jail term. If there was a gun involved, then the misdemeanor conviction has a minimum six months in jail.
To convict you of assault with a deadly weapon, the prosecutor has to prove the basic elements of assault and then that you either used a deadly weapon or instrument, or used force likely to produce great bodily injury. While the charges might sound pretty clear-cut, they are broader than you might think.
First, under Penal Code section 240, assault is the unlawful attempt to commit a violent injury upon another with the apparent, present ability to do so. Because it is an attempt crime, the prosecutor must prove that you intended to commit an injury upon someone.
Let’s move to the “deadly weapon” element. In some cases, you might think that the charges are improper because you did not use a “weapon.” A deadly weapon or instrument can be the obvious things, like guns and knives, but the prosecutor can actually point to any object other than your body and call it a “deadly weapon.” After 30 years of representation in Riverside, the attorneys at Wallin & Klarich know of cases where the “deadly weapon” was a beer bottle, a baseball bat or even a pencil.
Maybe there was no weapon at all. That actually does not matter either. You can be charged under section 245(a) where you used force likely to produce great bodily injury, even without a weapon. In past cases, great bodily injury has meant bruises, broken bones, and lost teeth; however, there is no standard on what injuries qualify as “great.” Rather, the prosecutor determines the charge based on the particular facts of your case.
At Wallin & Klarich we will promise to use our 30 years of experience in the field to defend you. By arguing your case, we might be able to have your case dismissed, lessen the penalties, or have the charges reduced.
We have helped many clients facing assault with a deadly weapon charges. When you call, we will first need to know everything about your background. A clean record is a great starting point for a good defense. Then we will need to know exactly what happened and if there are any witnesses. Once we know you and your story, we can begin to help you.
Self-defense is a viable defense against these charges and if we can show the prosecutor that you reasonably acted out of a legitimate fear for your physical safety, then he might dismiss the charges.
If you did not have the actual ability to injure someone that is a defense to the charge. For instance, if there was a gun involved and it was unloaded, then we can argue that you should not be convicted because you were unable to actually injure someone.
If you did not intend the assault this can also be a defense. Maybe you were in an intense argument and threw an object at a wall and when it crashed into the wall, it hurt the other person. In these cases, we can argue that an assault charges should be dropped because you did not intend to hurt anyone.
The right attorney could mean the difference between a jail sentence and your freedom. With over 30 years of experience in the field, the Assault with a Deadly Weapon Riverside Defense Attorneys at Wallin & Klarich is here to help you. Call our office today at (888) 280-6839, you do not have to deal with this alone. We will get through this together.