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. View all posts by Paul Wallin, I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. Understanding the Aggravated Assault Statute. 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 … Assault with a deadly weapon are serious charges Being charged with assault of any kind can be a serious charge and you should seek legal help as soon as possible to help with the charge . You could face a lengthy prison sentence and the stigma of being a convicted felon. Assault with a deadly weapon (PC 245(a)(1)) is a âwobblerâ under California law, meaning that prosecutors can charge it as a felony or misdemeanor, depending on the facts of the case. Of course, if criminal assault charges are filed, we stand ready to defend you against them. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. In doing so, your lawyer can explore how well the witnesses recall the surrounding events. Law Office of Andrew Bouvier-Brown 1,756 views 2:27 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. We have helped thousands of clients facing assault with a deadly weapon charges. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Due to this, a victim of assault will not have the ability to drop the 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. AGGRAVATED ASSAULT. âDeadly weaponâ generally refers to a wide range of objects that can inflict mortal or great bodily harmâfor example a car or a golf club. If the victim asks the prosecutor how they can get the assault charges dropped, they may not be treated with much kindness. 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. Most assault and battery charges are misdemeanor offenses in North Carolina. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. State and ⦠As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. This doesn’t influence our content. An attorney that is knowledgeable and experienced with criminal law can help in getting your sentence reduced or even dropped. Jeffrey Johnson If a person points a gun at his neighbor and threatens to shoot him, then the threat is sufficient to constitute an assault for the purposes of an aggravated assault charge. If you find yourself facing assault with a deadly weapon charges in the state of Illinois, you could be slapped with a number of very severe penalties that may affect the rest of your life. Are assault and battery a felony in South Carolina? However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. To aggravate a crime basically means to make it more serious. Many cases get dismissed if they can't get the victim to testify. Your attorney may use different strategies to prove that you were falsely accused of assault with a deadly weapon based on the circumstances of your case. The old saw about boxers (or martial artists) having to “register their hands” is simply an urban legend. If youâre being charged with assault, it usually means that you acted in a way that made someone believe you would hit them or hurt them. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Charges can also be dropped if you and your lawyer reach a plea deal to a lesser offense with the prosecutor in your case. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”, ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. You can be charged with assault for threatening someone whereas battery requires actual physical contact. To defend charges of assault with a deadly weapon, it is best to seek the recommendation of an experienced assault lawyer in Minnesota. 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. You can be charged with common assault if during an argument you threatened another person, or they received minor injuries from a push, shove, hit, or other contact. “Certificate of Rehabilitation and Governor’s Pardon Testimonials”, 10 Tips To Hiring A Criminal Defense Lawyer, Copyright © 2020 Wallin & Klarich - All rights reserved, Child Pornography Laws – Penal Code 311 PC, Assault With a Deadly Weapon – PC 245 (a)(1), Domestic Violence Lawyer Explains Laws Regarding Domestic Violence, Governor’s Pardon and Certificate of Rehab, Pre-Filing Investigations & the Criminal Process. I've been charged with aggravated assault with a deadly weapon (knife) but if there is no weapon and no witness (victim not pressing charges) is there a chance of the charge being reduced to a lesser charge? Usually it's charged together with battery, which means you did hit somebody. Self-defense is one of the most common defenses to assault with a deadly weapon charges. 17592 Irvine Blvd. Penalties can include: Up to 6 months in jail, and/or; A fine of $50-$750. Aggravated offenses like assault with a deadly weapon are serious charges that are not to be taken lightly. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. He faces four misdemeanor charges in the attack, and Dallas police referred a felony charge of aggravated assault with a deadly weapon to a Dallas County grand jury. Penalty for Assault With a Deadly Weapon. Yes. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. (To learn about assault and battery as intentional torts that can form the basis of a civil lawsuit, check out Assault and Battery as Personal Injury Claims .) Before accepting a plea bargain, a defendant should consult with a criminal defense attorney to review all of the defensive and sentencing options. Some states refer to this charge as assault with a dangerous instrument or aggravated assault with a deadly weapon. 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. However, a variety of instruments can be considered a deadly weapon. Simple assault can become aggravated assault when a deadly weapon is used to threaten the victim. He earned a J.D. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Just like assault, battery can be considered a misdemeanor or a felony. We immediately hired the Law Firm of Wallin & Klarich. Under California Penal Code Section 245(a)(1), if you are convicted of felony assault with a deadly weapon you face up to four years in jail, $10,000 in fines, and a strike on your criminal record under California’s Three Strikes law. Continuing with the school zone example, thousands of people drive cars every day and in their ordinary use, cars are not considered deadly weapons. Aguirre, 63, has been charged with aggravated assault with a deadly weapon. Fortunately, it does not have to end there. 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. How or why assault with a deadly weapon charges are dismissed is specific to each case. It can still be prosecuted two ways, with a summary conviction and a maximum penalty of 18 months in jail, or, if it is prosecuted as an indictable offense, up to 10 years in prison. Among the dismissed charges were armed robbery, assault with a deadly weapon with intent to kill and attempted first-degree murder. 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. San Bernardino, CA â Charges were officially dropped today against A. Ochoa, who was arrested in January for assault with a deadly weapon. We update our site regularly, and all content is reviewed by experts. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Spitting on another person or throwing an object at a person are also classed as common assault. (714) 730-5300. I now realize the importance of obtaining a law firm that has years of experience in criminal law. If you or a loved one have been accused of a crime, now is the time to contact us. The most basic example of knowing or intentional conduct is when one person hits another with a closed fist. Find the right lawyer for your legal issue. With a strong defense, you may be able to get your charges reduced, dropped, or dismissed. Assault with a deadly weapon is considered to be a felony crime in most states. Assault with a weapon is exactly what it sounds like. California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Call a Lawyer. 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… A major part of this is to show that you were in immediate danger of suffering bodily injury or death. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. 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If your rights were violated or if the police wrongfully gathered evidence against you, that evidence can be excluded from trial, which, in turn, can lead to a reduction or dismissal of the assault charge. Instead of requiring that a victim actually experience pain, some states authorize convictions even when the victim is placed in apprehension or fear of imminent bodily injury or death. Mr. Wallin founded Wallin & Klarich in 1981. For example, a defendant may not deny that a child was hurt as he was driving through the school zone, but instead may argue that the event was an accident, not reckless conduct. But the prosecutor doesnât dismiss assault cases just because the Victim asks. If you or a loved one have been accused of a crime, this is the time to contact us. Assault with a deadly weapon is usually one of the highest assaultive offenses next to manslaughter and murder. Common assault is the most frequent assault charge in Australia, and can result from a simple scuffle or argument. Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. Use of a deadly weapon during an assault constitutes aggravated assault. An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. This applies whether or not the weapon causes physical injury to anyone. Jeffrey Johnson is a legal writer with a focus on personal injury. Atkinson v HMA (1987 SCCR 534) The accused, wearing a mask, had entered a shop and vaulted over the counter. Certain crimes committed with a deadly weapon can lead to aggravated assault charges. May was charged with possession of a firearm by a convicted felon, one count of domestic aggravated assault with a deadly weapon without intent to kill and two counts of aggravated assault with a deadly weapon without intent to kill. However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. Can Assault with a Deadly Weapon Charges Be Dropped? Misdemeanor Assault With a Deadly Weapon Charges. By arguing your case, we might be able to have your case dismissed, lessen the penalties, or have the charges reduced. Assault with a deadly weapon is a felony level offense. All but one of those charges — a 2007 assault with a deadly weapon case — were dismissed. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is … They have significant short-term and long-term impacts on any defendant’s life. This field is for validation purposes and should be left unchanged. The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Though dropping assault charges depends purely on the case facts and details, a lawyer will be equipped with comprehensive knowledge about relevant assault laws. Assault and battery encompass a wide range of crimes, which includes great bodily harm or an injury that is likely to cause death. Most defenses to an assault with deadly weapon charges stem from what is considered an assault or a deadly weapon. Even where the punishment level is lower, the parole consequences are usually higher. However, penalties escalate rapidly if weapons are involved. Some courts refer to assault with a deadly weapon as an aggravated assault. Disclaimer: While the assault with a deadly weapon charge has been dropped as a felony charge against Combs, he might still wind up facing lesser charges. Copyright © 1995-2020 | FreeAdvice.com | 15310 Amberly Dr, Suite 250, Tampa, FL 33647 | Privacy Policy | Terms & Conditions | CCPA. 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. Assault with a Weapon. To aggravate a crime basically means to make it more serious. To better help you with your case we now also offer Virtual Consultations - CALL 877-466-5245 to schedule an appointment or click here for more information. 13-1204; it carries important distinctions from a simple Assault charge and, as a result, typically sees more serious punishments following a conviction in court.There are many circumstances where an Aggravated Assault charge may be placed. By hiring an experienced and respected criminal defense attorney, you can begin to undo the damage caused by a false allegation. 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. Aggravated Assault. This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. (3) Assault of a law enforcement officer is a class A person misdemeanor. ATTENTION:Wallin & Klarich Offices Will Remain Open to Help Out Clients and Potential New Clients During the COVID-19 Coronavirus Pandemic, in Accordance with Mandated Safety Guidelines. brandishing a weapon at someone) can constitute assault. He was sentenced to 16 years to life in state prison. Assault charges can be serious, but with a little preparation, you can help defend yourself. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. Brazee was initially charged with felony assault with a deadly weapon with intent to kill, but after the Alamance County District Attorney’s office assigned a staff investigator to conduct a follow-up investigation, a grand jury failed to return an indictment. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. In addition, your attorney can challenge a witness’ level of sobriety and whether or not he or she may have used any legal or illegal drugs on the day of the alleged event. There are situations where these charges may be lessened or dismissed, especially if the victim entered the home or property of the attacker. My friend found out that his ex girlfriends new boyfriend was foundling his 9 year old daughter needless to say when he found iut he took matters into his own hands. 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. ... Often, these cases arise when a “deadly weapon” is “used.” Fortunately, we have won many aggravated assault cases in trial and had many dropped before reaching trial. This could include questioning the eyesight of the witness and whether the area was well-lit or relatively dark when the occurrence happened. A deadly weapon finding does not generally require proof that a victim was actually injured, only that the instrument was capable of causing the serious injury. 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. Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. This web site is not intended to solicit clients for matters outside of the state of California. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Due to prison overcrowding, offenders who are convicted of using deadly weapons are held in prison longer and parole later than defendants who are convicted of non-violent offenses. Also classed as common assault is a defense if both parties agreed to the criminal charges being filed assault... And up-to-date legal information and advice on home, car, and punishments. No physical or actual contact with a deadly weapon cases lessen the penalties or. How or why assault with a deadly weapon charges defend you a false allegation offenses... Advice on home, car, and possible punishments for an assault with a deadly weapon is of! Ability to drop charges or stop the case from proceeding forward weapon cases filed, we use. 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