If you or a loved one have been accused of a crime, this is the time to contact us. Law Office of Andrew Bouvier-Brown 1,756 views 2:27 Jeffrey Johnson is a legal writer with a focus on personal injury. An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. 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… 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. 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. This doesn’t influence our content. ASSAULT CHARGES. Likewise, if a defendant can prove that the instrument used in the assault was not dangerous, then he could ask that the jury find him guilty of a minor assault, rather than the aggravated charge. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. If you’re also being charged with battery, this means that you did cause them bodily harm. It will be up to the prosecution to determine if a plea deal will be offered. But the prosecutor doesn’t dismiss assault cases just because the Victim asks. The answer to your question is "it depends." 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. 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. Most assault and battery charges are misdemeanor offenses in North Carolina. Assault with a deadly weapon (PC 245(a)(1)) is a “wobbler” under California law, meaning that prosecutors can charge it as a felony or misdemeanor, depending on the facts of the case. Spitting on another person or throwing an object at a person are also classed as common assault. Some courts refer to assault with a deadly weapon as an aggravated assault. How an Assault with a Deadly Weapon Attorney Can Help You. View all posts by Paul Wallin, I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. 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 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 … Victim did give the police and hospital a statement implicating me but defendant was also intoxicated (.225 BAC). Related Assault Charges – Deadly Conduct. “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. 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. 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. Free consult. The state attorney for the Eighth Judicial … Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. Assault with a Weapon. He was sentenced to 16 years to life in state prison. (e) (1) Assault is a class C person misdemeanor. Assault with a deadly weapon is considered to be a felony crime in most states. Your attorney may be able to use factual impossibility as a valid defense if: One of the most important elements of defense strategy in a PC 245 case is to attack the credibility of the witnesses for the prosecution. 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. 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. How or why assault with a deadly weapon charges are dismissed is specific to each case. Disclaimer: 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. Most commonly, Aggravated Assault is the charge when a person causes a serious … Fortunately, it does not have to end there. At Wallin & Klarich, our criminal lawyers have over 35 years of experience successfully defending our clients facing assault with a deadly weapon charges. There are some forms of assault in the criminal law, including but not limited to simple assault, sexual assault, assault with a weapon and aggravated assault. Penalties for a Battery Charge. 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. Tustin, CA 92780 Paul Wallin is one of the most highly respected attorneys in Southern California. Aggravated felonies can usually result in punishment from two to thirty years. Assault and battery encompass a wide range of crimes, which includes great bodily harm or an injury that is likely to cause death. (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; 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. (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 Usually it's charged together with battery, which means you did hit somebody. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients facing assault and weapons-related charges. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. You could face a lengthy prison sentence and the stigma of being a convicted felon. Like the bodily harm charge, this can also be prosecuted as either a summary conviction or indictable offense with similar maximum jail sentences. Call a lawyer. Some courts refer to assault with a deadly weapon as an aggravated assault. 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. Continuing with the school zone example, thousands of people drive cars every day and in their ordinary use, cars are not considered deadly weapons. Common assault is the most frequent assault charge in Australia, and can result from a simple scuffle or argument. As in this case, we can talk to the prosecutor before charges are filed, fill them in on the facts and hopefully get the charges dropped. Many cases get dismissed if they can't get the victim to testify. When a charged is dropped, this means the case has been resolved in your favor before the trial begins. There are situations where these charges may be lessened or dismissed, especially if the victim entered the home or property of the attacker. Penalty for Assault With a Deadly Weapon. Call a Lawyer. Jesus Alvarez was taken into custody at approximately 4:09 p.m. on Wednesday, December 16, 2020 as a result of a warrant. Managing Editor & Insurance Lawyer. Jeffrey Johnson To defend charges of assault with a deadly weapon, it is best to seek the recommendation of an experienced assault lawyer in Minnesota. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. We have helped thousands of clients facing assault with a deadly weapon charges. Written by An attorney that is knowledgeable and experienced with criminal law can help in getting your sentence reduced or even dropped. (1) With a deadly weapon; (2) while disguised in any manner designed to conceal identity; or (3) with intent to commit any felony. We strive to help you make confident insurance and legal decisions. Assault with a deadly weapon is a broader use of the term assault and includes conduct which places another in fear of imminent injury, or actually causes an injury, through the use of a deadly weapon. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Aggravated assault is a second-degree felony, punishable upon conviction by a maximum sentence of two to 20 years in prison and an optional fine of up to $10,000. To aggravate a crime basically means to make it more serious. To aggravate a crime basically means to make it more serious. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. 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. Having an assault charge dropped is different than being found not guilty of assault. This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. Your lawyer can attack the credibility of witnesses by challenging their memory of the events. Find the right lawyer for your legal issue. 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. 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