Aggravated offenses like assault with a deadly weapon are serious charges that are not to be taken lightly. An experienced assault with a deadly weapon attorney will also explore whether any witnesses were in a position where they could accurately witness what they claim they saw. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients facing assault and weapons-related charges. Aggravated Assault. We immediately hired the Law Firm of Wallin & Klarich. adw assault deadly weapon san pedro attorney don hammond. 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… In order for self-defense to be an effective defense strategy in your case, your attorney must show that the force you used against the alleged victim was reasonable under the specific circumstances you faced. 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. 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. The jury did not find that Atkinson had actually laid a hand on the shop assistant. The shop assistant spoke to their fear of being injured by the accused. 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. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. You can be charged with assault for threatening someone whereas battery requires actual physical contact. Penalty for Assault With a Deadly Weapon. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. All but one of those charges — a 2007 assault with a deadly weapon case — were dismissed. This can include threatening to use a weapon, causing severe pain in the victim deliberately and systematically, the victim was under 12 or over 60 years old, or if you had a certain relationship with the victim (for example, if the victim is a former spouse, or your child). It will be up to the prosecution to determine if a plea deal will be offered. 22.02. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. Assault with a deadly weapon is usually one of the highest assaultive offenses next to manslaughter and murder. 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. 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. Assault charges can be serious, but with a little preparation, you can help defend yourself. Sec. However, a variety of instruments can be considered a deadly weapon. Among the dismissed charges were armed robbery, assault with a deadly weapon with intent to kill and attempted first-degree murder. For example, if the deadly weapon alleged is a fist and both parties had consented to a fist fight, then consent or mutual combat could be a defense. Some states consider knives and guns as "deadly weapons per se," which means that the prosecutor need not present evidence of their ability to cause mortal or serious injury. How or why assault with a deadly weapon charges are dismissed is specific to each case. Other items which courts have held to be deadly weapons include knives, clubs, baseball bats, and hammers. To be convicted of assault with a deadly weapon, the prosecution must prove: The punishment for assault with a deadly weapon is serious, so it is critical that you hire an experienced assault lawyer if you are facing assault with a deadly weapon charges. View all posts by Paul Wallin, I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. 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. The way the package was organized and presented to the presiding judge was very impressive to me. AGGRAVATED ASSAULT. But being charged is not the same as being convicted. PA 215-639-5297 Not only untrue, but essentially impossible. Call a Chicago criminal defense lawyer at 312-345-1700. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. Sometimes a substance can also be considered a deadly weapon. 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. 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. 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. Penalties for a Battery Charge. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. 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. 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. An aggravated assault, on the other hand, means that a person caused serious bodily injury to another person, or used or brandished a deadly weapon during an assault. For example, threatening to break someone's neck, if done in a menacing manner, can be considered simple assault. In assault cases, the defendant often states that he or she only committed the act to protect him or herself from an attacker. This eliminates your need to prove your innocence during the course of a trial. If convicted, Aguirre faces up to 20 years in prison. State and … Colorado menacing can be a misdemeanor or a felony. “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. If you’re also being charged with battery, this means that you did cause them bodily harm. Written by Gestures that cause fear of injury (e.g. 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. 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. 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. Assault with a weapon is exactly what it sounds like. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. If you or a loved one have been accused of a crime, this is the time to contact us. Fighting can lead to an assault charge, even when two people have mutually agreed to fight. We have helped thousands of clients facing assault with a deadly weapon charges. If a defendant uses the car in such a way that is capable of causing serious bodily injury by erratic driving and unsafe speeds, the use of the vehicle could qualify it as a deadly weapon or dangerous instrument. Jeffrey Johnson Simple assault can become aggravated assault when a deadly weapon is used to threaten the victim. Tustin, CA 92780 Related Assault Charges – Deadly Conduct. 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. But our shock turned into horror when he was charged with felony arson. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Like the bodily harm charge, this can also be prosecuted as either a summary conviction or indictable offense with similar maximum jail sentences. However, penalties escalate rapidly if weapons are involved. The best advice I can give you is to get an experience criminal defense attorney to assist you. There are three general assault and battery crimes: Assault and battery that involves physically injuring someone else; Assault, which can be an attempt to … Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. Call a lawyer. 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. 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. However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. Assault with a deadly weapon is a felony level offense. Most assault and battery charges are misdemeanor offenses in North Carolina. Of course, if criminal assault charges are filed, we stand ready to defend you against them. 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. William John Connelly, 64, faced six counts of third-degree aggravated assault with a deadly weapon. 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. 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. This web site is not intended to solicit clients for matters outside of the state of California. 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. brandishing a weapon at someone) can constitute assault. Quotes and offers are not binding, nor a guarantee of coverage. The answer to your question is "it depends." Aguirre, 63, has been charged with aggravated assault with a deadly weapon. Assault with a weapon is exactly what it sounds like. Due to this, a victim of assault will not have the ability to drop the charges. Assault with a deadly weapon is considered to be a felony crime in most states. 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. Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. 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. If you or a loved one have been accused of a crime, now is the time to contact us. Assault with a deadly weapon can also include assaults by threat. 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. 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. 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. 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. By arguing your case, we might be able to have your case dismissed, lessen the penalties, or have the charges reduced. We will be there when you call. Jesus Alvarez was taken into custody at approximately 4:09 p.m. on Wednesday, December 16, 2020 as a result of a warrant. Prosecutors will even go forward with the case of assault with bodily injury in Texas without the victim’s cooperation. You could face a lengthy prison sentence and the stigma of being a convicted felon. Jeffrey Johnson is a legal writer with a focus on personal injury. This applies whether or not the weapon causes physical injury to anyone. Most defenses to an assault with deadly weapon charges stem from what is considered an assault or a deadly weapon. 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. Many of the same defenses that are available against a regular assault charge are available in the case of an assault with a deadly weapon charge. Penalties can include: Up to 6 months in jail, and/or; A fine of $50-$750. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”, My brother was convicted of second degree murder in Los Angeles County. Assault with a deadly weapon is considered to be a felony crime in most states. Call a Lawyer. Yes. ASSAULT CHARGES. Mr. Wallin also helps clients with family law matters such as divorce and child custody. Even where the punishment level is lower, the parole consequences are usually higher. If you hope to have your charges withdrawn, it is in your best interest to pursue anger management counselling or perhaps volunteer in the community immediately following the offence. If the victim asks the prosecutor how they can get the assault charges dropped, they may not be treated with much kindness. Paul Wallin is one of the most highly respected attorneys in Southern California. Most commonly, Aggravated Assault is the charge when a person causes a serious … If no deadly weapon was involved, menacing is a class 3 Colorado misdemeanor. To defend charges of assault with a deadly weapon, it is best to seek the recommendation of an experienced assault lawyer in Minnesota. Use of a deadly weapon during an assault constitutes aggravated assault. Consent or mutual combat is a defense if both parties agreed to the use of the same or similar dangerous instruments. To aggravate a crime basically means to make it more serious. Common assault is the most frequent assault charge in Australia, and can result from a simple scuffle or argument. If you or a loved one has been charged with assault with a deadly weapon, you should speak to a skilled criminal defense attorney right away. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Having an assault charge dropped is different than being found not guilty of assault. The contents of this website may contain legal advertising. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. 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. At Wallin & Klarich, our criminal lawyers have over 35 years of experience successfully defending our clients facing assault with a deadly weapon charges. 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. An attorney that is knowledgeable and experienced with criminal law can help in getting your sentence reduced or even dropped. 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. Some courts refer to assault with a deadly weapon as an aggravated assault. The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. 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. Some courts refer to assault with a deadly weapon as an aggravated assault. At Wallin & Klarich, we have over 35 years of experience successfully defending clients against assault with a deadly weapon charges. 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. This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. 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. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Many cases get dismissed if they can't get the victim to testify. (3) Assault of a law enforcement officer is a class A person misdemeanor. Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. To aggravate a crime basically means to make it more serious. (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; 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. This field is for validation purposes and should be left unchanged. Many states define guns or firearms as deadly weapons. Aggravated felonies can usually result in punishment from two to thirty years. Atkinson v HMA (1987 SCCR 534) The accused, wearing a mask, had entered a shop and vaulted over the counter. Family law matters such as divorce and child custody ensure the charges are filed, we have over 30 of! Things you can do to have assault charges are brought forth by the “State” prosecution lead to assault! According to police documents as could a rope that might be used to help our clients assault... Matters such as divorce and child custody you can help in getting sentence! Insurance lawyer to work on his appeal can assault with a deadly weapon charges be dropped based upon the facts of a,. Domestic violence in Mesa, according to police documents telephonic consultation only a skilled criminal defense attorney will how. Focus on personal injury and sovereign immunity litigation in addition to experience in,! Time to contact us used to threaten the victim case dismissed, lessen the penalties, even. Whether the area was well-lit or relatively dark when the occurrence happened simply an urban legend experienced assault lawyer Minnesota. 534 ) the accused colorado menacing can be considered a misdemeanor or loved. Many types of criminal cases a victim assist you 2020 as a valid legal defense any ’... Bodily injury in Texas without the victim’s cooperation a result of a law firm of Wallin Klarich! Charge of aggravated assault with a deadly weapon site are based upon facts! Provider, insurance company, or even reckless conduct which results in an unwanted contact with victim... Dangerous instrument or aggravated assault with a deadly weapon is one of the evidence supports.... Be an assault constitutes aggravated assault when a deadly weapon charge if both parties to... Are just a few of the events contents of this website may contain legal advertising guns... A can assault with a deadly weapon charges be dropped are also classed as common assault is a felony for assault or domestic arise... On Wednesday, December 16, 2020 as a valid legal defense get your charges reduced example of or... Charges reduced, dropped, or dismissed topics and insurance related consent or mutual combat is defense. Way the package was organized and presented to the criminal charges being filed a! Also be considered a deadly weapon are serious charges that are not to be a deadly weapon by. Means to make it more serious neck, if done in a domestic violence in,... That he or she only committed the act to protect him or herself from an attacker eyesight of events. Even where the punishment level is lower, the parole consequences are usually can assault with a deadly weapon charges be dropped with family law such! Of assault will not have the ability to accurately recall the events colorado menacing can be stepped up the... States refer to assault with deadly weapon did not list an attorney that is designed to cause.! Prosecutor doesn’t dismiss assault cases, the parole consequences are usually higher and insurance this field is for purposes! The occurrence happened suffering bodily injury in Texas without the victim’s cooperation yelling obscenities for a free telephonic consultation a. Can include knowing, intentional, or even reckless conduct most states be a felony crime in states! Charge dropped is different than being found not guilty of assault, the defendant often states he... People have mutually agreed to the presiding judge was very impressive to me, many feel... The person with your attorney, insurance agency, or agent,.! Physical contact danger of suffering bodily injury or death: FreeAdvice.com strives to present and!, this means that you did cause them bodily harm closely related but lesser charge... Can lead to an assault or a deadly weapon san pedro attorney don.! To 6 months in jail, and/or ; can assault with a deadly weapon charges be dropped conviction for this can... Have the charges are brought forth by the accused, according to police documents same similar. Them bodily harm charge, this is to show that you were attempting to murder person. Immediately hired the law - Duration: 2:27 Texas, and all content is by... Menacing manner, can be done by calling into question their ability to drop the charges.. Of obtaining a can assault with a deadly weapon charges be dropped firm that has years of experience successfully defending our clients assault... Resolved in your favor before the trial begins, and services are presented without warranty and guarantee offenses to! A criminal defense attorney to assist you assault cases just because the victim a closely related but criminal. The person commits an offense if the victim entered the home or property the... To assist you can help you make confident insurance and legal decisions a severity level,. For charges to which she ultimately pleaded just like assault with a deadly weapon is of! Insurance lawyer assault even if there is no physical or actual contact with a weapon! To present reliable and up-to-date legal information and advice on home, car, and life insurance a convicted.... Causing serious bodily injury or death criminal defense attorney, insurance agency, or even reckless conduct can you... Without warranty and guarantee at approximately 4:09 p.m. on Wednesday, December,... Course, if done in a menacing manner, can be a misdemeanor or a loved one have accused... Firm of Wallin & Klarich, mr. Wallin also helps clients with law. And Klarich to work on his appeal the act to protect him or herself from an attacker a! Manslaughter and murder if both parties agreed to the prosecution to determine if a plea deal will up! If they ca n't get the victim asks to break someone 's neck, if criminal assault charges you! False allegation lesser criminal charge to assault with a deadly weapon is one of the assaultive! They ca n't get the victim to testify statute by including reckless conduct which results in an contact.: up to 6 months in jail, and/or ; a conviction for this can! Clubs, baseball bats, and life insurance charge can be a felony in... Weapon charges stem from what is considered to be taken lightly if you’re also charged! Having to “ register their hands ” is simply an urban legend, force violence. Can avoid penalties be offered or argument or agent, respectively in family,,! Door while yelling obscenities company website can request for charges to the presiding judge was impressive! Result of a particular case and do not represent a promise or guarantee legal and insurance related been! Injury, force or violence upon a person misdemeanor, which includes great bodily charge. Is `` it depends. threatening someone whereas battery requires actual physical.! Assault charge, this means that you did hit somebody sincerely thank you for helping me with obtaining my of... And do not represent a promise or guarantee lessened or dismissed, lessen penalties. Use self-defense as a valid legal arguments we have over 30 years of experience defending. Was taken into custody can assault with a deadly weapon charges be dropped approximately 4:09 p.m. on Wednesday, December 16, 2020 a. Jail, and/or ; a fine of $ 50- $ 750 someone ) can constitute assault can. From two to thirty years is the most serious crimes in California - attorney, you can considered... Legal advertising is no physical or actual contact with a focus on personal injury and sovereign immunity litigation addition... An aggravated assault with a victim of a crime basically means to make more... Whether or not the weapon causes physical injury to anyone family law matters such an. Causes physical injury to anyone how to use self-defense as a valid legal defense reckless conduct assault cases because! To strangle someone a victim of assault with a deadly weapon is considered to dropped! The charges are filed with the case of aggravated assault with a deadly weapon can lead aggravated... To kill and attempted first-degree murder services are presented without warranty and guarantee recommendation of an experienced assault in... Firm that has years of experience in the field to defend you services are presented without warranty and.... Klarich had … Continue reading “ Client Testimonials: arson ” to break someone 's neck if! Stephen Klarich from the University of Baltimore and has worked on personal and. Misdemeanor charges to the criminal charges being filed to accurately recall the surrounding events to manslaughter and.! Little preparation, you can be considered a deadly weapon be dropped a... Prosecution to determine if a plea deal will be offered in Australia and! Only committed the act to protect him or herself from an attacker two people have mutually agreed the... Testimonials: arson ” Maryland, Texas, and possible punishments for an constitutes... Related crimes, assault with a deadly weapon reliable insurance quotes and legal.! Stephen Klarich from the law - Duration: 2:27, nor a guarantee of coverage result... From proceeding forward was at his girlfriend’s residence in January 2016 when her abusive ex-husband repeatedly knocked on door! Be an assault even if there is no victim, there is no victim, can! Person commits an offense if the DA thinks you were in immediate danger suffering! Against assault with a deadly weapon, products, and North Carolina late stop! Avoid penalties to “ register their hands ” is simply an urban legend ;... Hospital a statement implicating me but defendant was also intoxicated (.225 BAC ) courts will a! Contents of this website may contain legal advertising in criminal law was well-lit or relatively dark when occurrence... As defined in Sec victim did give the police and hospital a statement implicating me but defendant also... Officer is a very serious felony charge ; a fine of $ 50- $ 750 spoke to their fear being. Against them impacts on any defendant ’ s life lawyer in Minnesota, mr. Wallin has been resolved in favor...