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Articles Posted in Assault with a Deadly Weapon

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If you are wrongfully accused of assault with a deadly weapon in Riverside under Penal Code section 245(a), you’re probably wondering how to make these charges go away. The first thing you need to do is speak with an experienced criminal defense attorney right away.

Understanding Assault with a Deadly Weapon Charges (PC 245)

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 California 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.

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Under California Penal Code Section 245, it is unlawful to use a deadly weapon or force likely to produce great bodily injury during an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. In other words, it is illegal to commit attempt to injure or hurt someone with deadly weapon.

Assault with a deadly weapon is more commonly known as aggravated assault. If you are convicted of this crime, the punishment crime can be severe. That is why it is important that you contact an experienced criminal defense attorney if you have been charged with assault with a deadly weapon under PC 245.

Prosecution of Assault with a Deadly Weapon

aggravated assault attorneyIn order to convict you of assault with a deadly weapon under PC 245, the prosecution must prove all of the following:

  • The victim feared or expected that you were going to use force likely to produce great bodily injury or death
  • You had the present ability to use force likely to produce great bodily injury or death, and
  • You used a deadly weapon likely to produce great bodily injury or death

The prosecution must be able to prove all of the elements listed above to convict you of aggravated assault. If the prosecution cannot prove any of these elements, then you cannot be convicted under this section.

Defense to PC 245 Charges

An aggravated assault defense lawyer will argue that the prosecution cannot meet all of the elements of the offense. Depending on the facts of your case, your attorney may be able to raise the following defenses:

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Assault with a deadly weapon is one of the most complicated crimes you can be charged with in California. A conviction of assault with a deadly weapon carries severe penalties. Beating these charges requires representation by a skilled and knowledgeable California criminal defense attorney.

Understanding Assault with a Deadly Weapon Charges

Riverside assault with a deadly weapon attorneyPenal code 245(a) (1) is a “wobbler” offense under California law, meaning it can be charged as a felony or misdemeanor. How you will be charged will depend on the circumstances of the case and your prior criminal history. A felony carries more severe punishment. That is why it is important that you retain the services of an experienced Riverside defense lawyer before charges are filed. Your attorney may be able to negotiate with prosecutors so that you will only face misdemeanor charges.

If you are convicted of felony assault with a deadly weapon charges, you face up to four years in state prison. In addition, a conviction is considered a strike offense under California’s Three Strikes law. If you are convicted of three strike crimes, you could face 25 years to life in prison.

Misdemeanor assault with a deadly weapon carries a sentence of up to 364 days in county jail.

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California PC 245 (a) 1 in California is generally known as assault with a deadly weapon and can be a misdemeanor or a felony. If you were previously convicted of Penal Code 245(a) 1 in Riverside there may be a number of legal avenues open for you to “clean up” your record.

Assault%20with%20a%20deadly%20weapon%20PC%20245%20a%201%20defense%20lawyer%20888-280-6839.jpgThe following factors will have an impact on whether you can clean up your conviction:

• Whether probation was granted • If you were sentenced to state prison • Whether you are still on probation • Whether the conviction was for a misdemeanor or felony

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Weapon laws are very strict in California. Assault with a deadly weapon is one of the most serious crimes you could commit in the state. If you are convicted of this crime, you will likely face a jail sentence and high fines. If you used a firearm, the sentence will be even worse.

But our experienced criminal attorneys may be able to help you avoid this harsh sentence. Why should you hire a lawyer if you are facing these charges? Well, if you don’t, you may end up having to deal with the following harsh consequences.

Punishment for Assault with a Deadly Weapon

assault with a deadly weapon punishmentBefore you can understand the punishment for assault with a deadly weapon, you must be aware of the charges against you. Assault with a deadly weapon can be charged as a misdemeanor or a felony, depending on the facts of the case and your prior criminal history. A misdemeanor carries less severe punishment, so your attorney will speak with the district attorney and attempt to have charges dropped or a misdemeanor charge entered.

If you are convicted of misdemeanor assault with a deadly weapon, you face up to 364 days in jail and fines of up to $10,000. Felony assault with a deadly weapon carries a sentence of up to four years in jail and fines of up to $10,000.

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Everyone has read about “road rage” incidents where drivers on the roadway become upset with each other and engage in reckless conduct. Of course we all realize that such conduct is extremely dangerous and can result in serious injury or death when the road rage incident escalates. However, people do not realize that it is highly likely that at least one of the participants engaging in “road rage” will be arrested for assault with a deadly weapon in California (Penal Code Section 245).

If the DA files criminal charges and alleges that a person used his vehicle as the “deadly weapon” in trying to injure another person, he will be facing a possible state prison sentence. In fact, if you drive your vehicle in the direction of another person or vehicle occupied by persons you can be found guilty of Penal Code Section 245 whether or not you actually injure anyone.

However, that is not the end of the “punishment” if you are found guilty of this crime, for conviction for a violation of Penal Code section 245, which includes a finding that you used a motor vehicle in the commission of the crime, will result in your driving privilege in California being revoked FOR LIFE. Yes you read that correctly-FOR LIFE. This means that you can never legally drive in California for the rest of your life. How many people in California can survive without the ability to drive a motor vehicle legally?

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California roads and highways are frustrating places to be nowadays. Myriad drivers sit in traffic each day during their commutes to work or school. Minutes snail by, drivers honk or attempt impossible lane changes, pedestrians on the shoulder of the road pass by. Maintaining equanimity under such circumstances can be monumentally difficult. And as drivers lose patience, are late, just feel they can’t take it anymore, they sometimes make rash decisions that can cost them dearly. Road rage has a price.

Using one’s car against another can be construed as assault with a deadly weapon. An incident some years ago occurred on a Los Angeles freeway involving a big rig operator who snapped in heavy traffic, driving on ahead and plowing through the mass of cars. He was arrested for assault with a deadly weapon, and probably lost his right to drive permanently, not to mention his job.

The punishment for assault with a deadly weapon can be severe, indeed. Often individuals are sentenced to state prison and slapped with hefty fines. Even when they are released their problems are not over, either. They will find they can no longer drive in California. Ever.

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Last month in Ventura County, a Ventura man was arrested for assault with a deadly weapon in the early morning hours.

According to Ventura police department, the alleged victim was a Ventura resident who arrived at a home on Hemlock St. to retrieve her property. Another female at the location got in an argument with he alleged victim inside the residence. Apparently the argument escalated into a fight, in which Edward Estrella, 26, armed himself with an aluminum baseball bat and struck the alleged victim with the bat repeatedly on her torso and head.

The victim, Kristen Rogers, was hospitalized with a laceration to the her head and suffered a broken bone in her wrist. When the Ventura police responded they located Estrella inside the residence, where he was arrested for assault with a deadly weapon and later was booked at Ventura County Jail.

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The charge of assault in California- specifically Penal Code Section 245 (a) (1)- is defined as follows- assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.

Now; it is a very important distinction between committing the offense with a WEAPON, or by means of force that is likely to cause great bodily injury to another. The former would constitute a “Strike Offense”; the latter would not. Here are two examples-

1. Person A leaves a bar and gets into a confrontation with Person B. Person A pulls out a knife and lunges at Person B with the knife = PC 245 (a) (1) AS A STRIKE.

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Last week in Ventura County, California Highway Patrol (CHP) officers responded to a report of a possible drunk driver in the area of SR-118 and Walnut Rd, in Somis. The reporting party stated that the driver of the suspect’s vehicle was driving erratically and had apparently fired a gun from he vehicle.

CHP officers quickly located the vehicle and conducted a stop of the vehicle in the Oxnard area. Ventura County Sheriff’s deputies were also on scene to assist. The officers then arrested, Albert Rojas from Oxnard, who was identified as the driver of the vehicle for various felony charges including assault with a deadly weapon.

During the search of the vehicle, the officers found a concealed handgun, as well as a small amount of drugs. Rojas was identified by the reporting party as the suspect who fired the shot towards him as he was traveling west on SR-118 through the Somis area. No one was injured during the incident.

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.