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There are circumstances where we fall into unexpected circumstances and do not act as we typically would. When faced with charges of assault with a deadly weapon in San Diego, securing experienced legal representation is crucial. Bernal Law, led by Attorney Pedro Bernal, offers dedicated defense services in such cases. With a background as a former prosecutor, Attorney Bernal brings valuable insight to each case, understanding both sides of the courtroom. Our firm specializes in various areas of criminal defense, including assault with a deadly weapon.
We are dedicated to providing clients with the expertise needed to navigate the complexities of the legal system and strive for the best possible outcomes
What is the Difference Between Assault and Battery?
It’s important to note that while the crimes of assault and battery can overlap, they are two distinct crimes. An assault is a threat or attempt to injure someone physically, while battery is the actual act of making unwanted or offensive contact against someone’s will.
So, an assault is an attempt to commit a battery, and a battery is a successful assault. If you need more information about the differences between assault and battery, Bernal Law can break down how different laws apply to your specific situation and guide you in the right direction.
What is Assault With a Deadly Weapon?
Within the crime of assault, there are variations. The crime of assault can be aggravated when a deadly weapon is used or when force is likely to injure another person. When a crime is aggravated, it is charged as a more serious offense and carries harsher criminal penalties.
There are two ways prosecutors will charge you with the crime of assault with a deadly weapon.
First, you can be charged under California Penal Code 245(a)(1), (2), or (3) for committing an assault with a deadly weapon.
A deadly weapon can be any instrument or object that is capable of causing serious bodily harm; it doesn’t have to be just a gun or knife. Deadly weapons that may trigger charges under 245(a)(1) include:
- Unloaded firearms
- Writing instruments
- Tools
- Daggers
- Swords
- Dirks
- Knives
- Vehicles
- Animals
For a successful prosecution, the prosecutor must prove that:
- You used a deadly weapon to commit an act of assault
- The act was likely to cause personal injury or harm to another person
If you need more information about assault with a deadly weapon and what would qualify, please get in touch with a San Diego assault with a deadly weapon attorney from Bernal Law. We would be happy to help you understand how the law applies to your specific circumstances once you have retained our legal support and services.
What Laws Apply to Assault With a Deadly Weapon Charges?
You can also be charged under California Penal Code 245(a)(4) for committing an assault with force likely to produce great bodily injury. This means that you can be charged with the crime of assault with a deadly weapon even if you do not use a deadly weapon.
When could you face charges for this type of assault? Imagine that you are trained in martial arts. If you attempted to apply force to another person with learned skill and technique that would be likely to cause great bodily injury, you could be charged with this type of aggravated assault.
While hands, feet, and other body parts are not generally treated as deadly weapons, your ability to use them in a forceful (and specialized) manner can cause this to be an exception to the rule.
What is Required to be Convicted of Assault With a Deadly Weapon?
To be convicted under these circumstances, a prosecutor will be required to prove that you:
- Intentionally committed an act that would probably result in the application of force to another person
- The force was likely to cause serious bodily harm
- You knew that the act was likely to result in serious bodily harm
- You had the present ability to apply this force
One requirement for the crime of assault – including assault with a deadly weapon – is that you have a present ability to cause harm. If you are standing next to someone and take a swing at them, you will probably be considered to have a present ability to cause harm. If, however, you are standing 100 yards away from someone and throw something in their direction, you probably will not be considered to have a present ability to cause harm.
You cannot be convicted of assault if you lack the apparent and present ability to cause harm.
Penalties for Assault With a Deadly Weapon
Assault with a deadly weapon can be a misdemeanor or a felony. The penalties you face for charges of assault with a deadly weapon will depend on:
- The type of weapon used in the assault
- The severity of the offense
- Whether the victim was a law enforcement officer or firefighter
- Your existing criminal record
Here’s how these factors can impact the severity of the charges and penalties you may face.
- Weapon That is Not a Firearm: If you commit an assault with a deadly weapon other than a loaded firearm, machine gun, or assault weapon, a conviction can be punished by one year in jail, two to four years in prison, and/or a fine of $10,000.
- Weapon That is a Firearm: If you commit an assault with a firearm, a conviction can be punished by 6 to 12 months in jail, two to four years in prison, and/or a fine of $10,000.
- Weapon is a Machine Gun, Assault Weapon, or .50 BMG Rifle: If you commit an assault with a machine gun, assault weapon, or .50 BMG rifle, a conviction can be punished by as long as 12 years in prison and/or a fine of $10,000.
- Weapon is Semi-Automatic: If you commit an assault with a semi-automatic weapon, a conviction can be punished by three, six, or nine years in prison.
- Force Likely to Cause Great Bodily Harm: If you commit an assault with force likely to cause great bodily harm, a conviction can be punished by one year in jail, two to four years in prison, and/or a fine of $10,000.
- Victim is a Police Officer or Firefighter: If you commit an assault with a deadly weapon of any kind or with force likely to cause serious bodily injury and the victim of your assault is a law enforcement officer or firefighter in the line of duty, a conviction can be punished by as long as 12 years in prison, depending on the weapon used.
- Other aggravating factors: If other aggravating factors are present or if you have a prior criminal record for violent offenses, the prosecution will likely pursue the most serious charges and harshest criminal penalties.
A conviction for assault with a deadly weapon can also result in the loss of gun ownership privileges. You should know that a felony conviction for assault with a deadly weapon will count as a “strike” for the purposes of California’s Three Strikes Law.
Defenses to Assault With a Deadly Weapon
An experienced San Diego assault with deadly weapon lawyer like Pedro Bernal will argue any defense that may be appropriate for your case.
Defenses to assault with a deadly weapon include:
- Actual innocence
- False accusation
- Self-defense or defense of another person
- Lack of required intent
- No present ability to inflict harm
- A deadly weapon was not used in the alleged assault
As soon as you are arrested for a crime, police and the prosecution will attempt to get you to admit to the crime or say something that can be used against you in any future criminal proceedings. It is vitally important to your defense that you remain silent and immediately ask for an assault with a deadly weapon defense lawyer.
What Should You Do if You’ve Been Charged With Assault With a Deadly Weapon?
If you have been charged and accused of assault with a deadly weapon, you may have some difficulty determining what steps to take next. Utilizing strong strategies will be essential to reducing the severity of potential penalties you would face after conviction, but we have recommendations to support you. Bernal Law suggests you utilize the following steps to improve your odds of favorable results in your legal matters:
- Stay off social media by logging out and deactivating all accounts
- Avoid discussing legal matters with others, including friends and family
- Retain support from a helpful criminal defense lawyer, especially one who specializes in assault with a deadly weapon charges
- Share all information with your assault with a deadly weapon defense attorney, even if you feel it might be incriminating
- Organize all information and evidence you have relating to your case
- Work with your San Diego assault with a deadly weapon lawyer to identify additional information and witnesses
- Follow your assault with a deadly weapon attorney’s recommendations for your next steps and strategies
Bernal Law can aid you by recommending additional suggestions for the next steps tailored to your specific situations and needs. Don’t hesitate to contact us for support, especially if you have other considerations you want us to make.
How Can a San Diego Assault With a Deadly Weapon Lawyer Support You With Your Case?
Bernal Law has a long track record of bringing outstanding results to our clients. We can support and assist you in multiple ways throughout arduous legal processes, including but not limited to the following:
- Conducting an independent investigation
- Negotiating with every party
- Preparing your case for court
- Collecting and analyzing evidence
- Consulting with experts to determine the facts and best defenses
- Assuring that all documents are filed correctly and promptly
- Communicating with the other parties on your behalf
- Organizing and presenting the evidence in order to put you in a more favorable position
- Accessing research methods and tools only available to legal professionals
- Providing an understanding of the legal system and how to make it work for you
- Interviewing witnesses
- Helping formulate a plea
- Evaluating potential sentences
- Reducing stress related to your case
Please refrain from representing yourself during your legal matters, especially if you have been charged with a crime. Self-representation generally brings about negative consequences, including worsened stress, lengthier litigation time, and exacerbated penalties on the defendant. We encourage you to contact us as soon as possible to improve your odds of positive outcomes in your legal matters. Give us plenty of time to collect and analyze evidence pertaining to your case, strategize strong arguments and defenses in your favor, and gain an understanding of your needs and circumstances.
Fight for Your Rights and Protect Yourself With Bernal Law’s Assault With a Deadly Weapon Attorney Today
If you’re facing charges of assault with a deadly weapon in San Diego, Bernal Law is an excellent option for your legal support. Led by the experienced and strategic attorney Pedro Bernal, we specialize in providing vigorous defense for those accused of serious violent crimes. Understanding the severity of your situation, we are committed to protecting your rights and working towards the best possible outcome.
To schedule a consultation or to learn more about our services in defending assault with deadly weapon charges, reach out to us today. We speak English and Spanish fluently, ensuring our clients are as comfortable as possible while working with us and handling legal matters. Contact Bernal Law at (619) 736-9092 or complete the contact form available on our website. Let our understanding and experience in criminal defense work in your favor.
