According to California Penal Code § 245(a), assault with a deadly weapon, also known as an "ADW," is one of the more severe assault offenses. Therefore, one might be prosecuted for this kind of offense if one employed a dangerous weapon, an object other than a firearm, or force likely to result in serious bodily harm.
There is no requirement for actual contact with the alleged victim in this offense. Instead, the intention to use a dangerous weapon in a hurtful or offensive manner is considered. A charge of assault with a dangerous weapon can carry a harsh sentence and penalty.
Let's look at what our prescreened California defense lawyers have to say about it:
Considerations For Assault With A Deadly Weapon Charge In California
Never rely on a police officer to comprehensively investigate your case if you've been charged with or arrested for assault with a dangerous weapon. Law enforcement frequently gathers records that show your guilt while excluding crucial information in your favor.
A defense investigation might entail the following:
- Speaking with or looking for witnesses
- Checking the accuser's and the prosecutor's case's criminal history
- Getting video surveillance footage
- Getting all text messages and other correspondence
- Taking pictures of the scene
- Taking pictures of your injuries
To refute the serious accusations made against you, the investigators will conduct a thorough defense investigation. The best criminal defense attorneys in California can help assist the investigations by looking for evidence and supporting your defense.
Components of a Deadly Weapon Assault In California
To be convicted of assault with a dangerous weapon, the prosecution must establish all criteria listed in Penal Code 245(a)(1). These components, which will be listed in the jury instructions, consist of:
You engaged in behavior that could have led to the use of force against someone else.
Application of force, like simple assault, is any rude, violently offensive, or dangerous touch. Even if there was no risk of injury from the touching, the prosecution would nevertheless file an ADW charge against you. It may be either direct or indirect, such as by causing something to come in contact with the supposed accused. But in this instance, you don't need to have used physical force on the other person.
To use force, the prosecution just needs to show that you did something that would have caused it. For example, suppose you intentionally threw a screwdriver at someone and missed. In that case, you could still be charged with assault with a deadly weapon since you knew or should have known that your action would have severely injured the victim.
You committed an act involving a deadly weapon that would almost certainly result in using force against another person.
According to California law, a "deadly weapon" is any object, instrument, or weapon that, by its very nature, is likely to cause death or serious bodily harm, depending on how it is used. Knives and rifles are obvious examples of dangerous weapons. However, other objects that aren't considered weapons can also be used to seriously damage or kill people.
These items may be considered dangerous weapons under Penal Code 245(a)(1) if used in a manner that is likely to result in the application of fatal force likely to cause severe bodily harm. The type of weapon used, how it was used, where the injuries were sustained, and the severity is all crucial aspects to consider when determining whether an object has been used fatally. While hands and feet are not often thought of as lethal weapons, they may be if they are employed in a way that is likely to cause harm.
You committed great physical injuries.
Great physical injury is not clearly defined, leaving it open to various interpretations by judges and prosecutors. However, it can generally be described as a substantial physical injury. This type of harm is more severe than a minor injury. For instance, if the great bodily injury is serious or significant, an assault with only one's hands may qualify as an ADW.
You did it knowingly when you did it.
According to Penal Code § 245(a)(1), acting willfully is defined as doing anything voluntarily or on purpose. This does not imply that you intend to harm someone, break the law, or take advantage of someone else. Additionally, there is no malicious intent. Therefore, in this instance, the prosecution must establish beyond a reasonable doubt that you meant to perform the specific act that was likely to cause serious harm.
For instance, you could drive after someone so bystanders would think you're trying to hit them. However, even if you didn't mean to hit the individual, the act of pursuing them with your car is likely to cause significant bodily harm to them.
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