Many states, however, broaden the application of the assault with a deadly weapon statute by including reckless conduct. Most assault and battery charges are misdemeanor offenses in North Carolina. Common assault is the most frequent assault charge in Australia, and can result from a simple scuffle or argument. A closely related but lesser criminal charge to assault with a deadly weapon is “Deadly Conduct.” Under Sec. 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. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. 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. At Wallin & Klarich, we will use our 30 years of experience in the field to defend you. Call a Lawyer. 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? Other factors, like the age of the victim or the extent of the injury, can result in an even higher level of punishment. Assault is defined as the direct infliction of injury, force or violence upon a person. Assault with a weapon is exactly what it sounds like. (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the person is in possession or control of a deadly weapon or dangerous instrument; or If you hope to have your charges withdrawn, it is in your best interest to pursue anger management counselling or perhaps volunteer in the community immediately following the offence. 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. Written by Before accepting a plea bargain, a defendant should consult with a criminal defense attorney to review all of the defensive and sentencing options. (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 .) Read on to learn more about the charge, defenses, and possible punishments for an assault with a deadly weapon charge. The old saw about boxers (or martial artists) having to “register their hands” is simply an urban legend. 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. For example, if a defendant consumes alcohol and decides to drive 100 MPH through a school zone, the defendant could be charged with assault with a deadly weapon if a child is hurt because the defendant engaged in conduct that was clearly reckless to the safety of the children in a marked school zone. 22.02. Our opinions are our own. 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. AGGRAVATED ASSAULT. Most commonly, Aggravated Assault is the charge when a person causes a serious … In many types of criminal cases a victim of a crime can request for charges to be dropped and the offender can avoid penalties. 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. However, penalties escalate rapidly if weapons are involved. 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. Certain crimes committed with a deadly weapon can lead to aggravated assault charges. Assault with a Deadly Weapon in California - Attorney, Andrew Bouvier-Brown, Explains the Law - Duration: 2:27. 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. In the state of Arizona, Aggravated Assault is defined under A.R.S. We will be there when you call. Ellis Klein, Esquire Phila. Not only untrue, but essentially impossible. By hiring an experienced and respected criminal defense attorney, you can begin to undo the damage caused by a false allegation. But our shock turned into horror when he was charged with felony arson. If you or someone you love has been arrested for a charge of assault with a deadly weapon, you should speak with one of our experienced criminal defense attorneys at Wallin & Klarich today. When notable injuries occur, a charge can be stepped up to causing bodily harm. 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. We immediately hired the Law Firm of Wallin & Klarich. 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. 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. I also have no priors. Assault charges can be serious, but with a little preparation, you can help defend yourself. For example, threatening to break someone's neck, if done in a menacing manner, can be considered simple assault. Gestures that cause fear of injury (e.g. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. Kaplan was assigned to investigate a case of aggravated assault with a deadly weapon and domestic violence in Mesa, according to police documents. 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). The way the package was organized and presented to the presiding judge was very impressive to me. There are a number of things you can do to have assault charges against you dropped. 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. Many states define guns or firearms as deadly weapons. Aggravated felonies can usually result in punishment from two to thirty years. Some courts refer to assault with a deadly weapon as an aggravated assault. Words can be enough. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. 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 . 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. Here are just a few of the valid legal arguments we have used to help our clients win assault with a deadly weapon cases. To aggravate a crime basically means to make it more serious. Assault and battery encompass a wide range of crimes, which includes great bodily harm or an injury that is likely to cause death. (e) (1) Assault is a class C person misdemeanor. Court records did not list an attorney for Aguirre. 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. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. At Wallin & Klarich, our criminal lawyers have over 35 years of experience successfully defending our clients facing assault with a deadly weapon charges. 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. 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. Of course, if criminal assault charges are filed, we stand ready to defend you against them. Assault with a deadly weapon is usually one of the highest assaultive offenses next to manslaughter and murder. Fortunately, it does not have to end there. Atkinson v HMA (1987 SCCR 534) The accused, wearing a mask, had entered a shop and vaulted over the counter. 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. 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. 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. Fighting can lead to an assault charge, even when two people have mutually agreed to fight. Simple assault can become aggravated assault when a deadly weapon is used to threaten the victim. If you or a loved one have been accused of a crime, this is the time to contact us. However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. (2) Aggravated assault is a severity level 7, person felony. I now realize the importance of obtaining a law firm that has years of experience in criminal law. “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. Some states will even treat an assault as an infraction with just a fine or jail time under thirty days, if the injury was minimal and there was no weapon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Assault with a deadly weapon is considered to be a felony crime in most states. 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. 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