Assault with Deadly Weapon
If you've been arrested for felony assault, assault with a deadly weapon or assault with firearms, let the legal experts at the Orange County Assault and Battery Attorney at the Law Offices of Michael L. Guisti work with you through the legal process to get your charges reduced or possibly dismissed.
Assault with a deadly weapon is a separate, more serious charge than just assault, and it's slightly different factors that separate the two charges, which is why you need to contact the Orange County criminal attorneys at the Law Offices of Michael L. Guisti right away so we can work with the Orange County District Attorney to reduce charges.
Understanding the Charge of Assault with a Deadly Weapon
Assault with a deadly weapon, commonly referred to as ADW, is defined by Penal Code (PC) 245(a)(1) as, "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury."
As one Newport Beach criminal defense attorney at the Law Offices of Michael Guisti explains, for the Orange County District Attorney to decide whether or not to file ADW charges their office will look at, the type of weapon or object used to commit the alleged ADW, if the person you allegedly assaulted sustained any injury and if so the severity of the injury, and the DA will also consider the victim, if it was your spouse, boy/girlfriend, etc, or whether the alleged ADW occurred on a police officer or other such public person, which often invites more charges.
Now once the prosecution has the case, the Newport Beach criminal lawyer goes on to explain, they need to prove to the judge and jury that you assaulted someone, and that the assault was committed with a deadly weapon or other means of force likely to cause great bodily injury.
The expert Newport Beach criminal attorney stresses prosecutors don't even need to prove you injured somebody or even made physical contact with somebody, only that you were able and had the intent, because the Judicial Council of California Criminal Jury Instruction 875 states, "The People are not required to prove that the defendant actually touched someone [and] no one needs to actually have been injured by defendant's act."
This is why, the Newport Beach lawyer concludes, after you're arrested you need to contact an attorney right away so they can work with the DA to get the ADW charge removed.
What is a Deadly Weapon?
Well, a deadly weapon can be the obvious like a gun or knife, and a deadly weapon could also be innocent everyday objects like a pen, cup, box or even a dog or other animal if you commanded the animal to attack another person.
In fact, as one expert Irvine criminal defense attorney at the Law Offices of Michael Guisti points out, almost any item or object can qualify as a deadly weapon if used to intentionally injure another person.
The Irvine criminal defense attorney points out that interestingly enough your hands and feet aren't considered deadly weapons as the definition, under California Jury Instructions-Criminal 9.02, is limited to objects that aren't part of one's body. However, if you've allegedly inflicted "great bodily harm" you could still face an ADW charge.
"Means of Force"
Under PC 245(a)(1) the "means of force" used to inflict "great bodily injury" is considered deadly weapons, instruments other than firearms, and any means of force likely to produce great bodily injury, meaning if you punch, bite, choke or kick somebody in a manner that is likely to cause substantial harm you could face an ADW charge.
As one Fullerton criminal attorney at the Law Offices of Michael Guisti explains, how you used your body will make the difference in whether or not you face an ADW charge, because if you, for example, if you just punched somebody once, that is not enough to sustain an ADW charge, but if you punched somebody repeatedly that resulted in "great bodily harm," you could face an ADW charge.
"Great Bodily Injury"
As our Santa Ana assault defense attorney explains, great bodily injury is suppose to be a substantial injury, like a bruise, broken bone, broke teeth and the like to bring about an ADW charge, not a minor or even moderate injury.
The problem is, the Santa Ana Felony Assault and Battery defense attorney goes on to say, what constitutes great bodily injury is usually determined through a case-by-case basis by the Orange County District Attorney, prosecutor, judge and even jury. Generally what they're suppose to consider is how severe the injury is, the resulting pain and the extent on medical care, but they're several prosecutors in the DA's office who will insist a red mark after a slap is great bodily injury.
That said, remember the Orange County District Attorney can charge you with ADW for using force that is likely to result in great bodily injury, because you were allegedly capable of resulting in it.
That is why it's very important to call an experienced Orange County criminal defense attorney right away before the DA files charges so your lawyer can work to either reduce the charge or work out a plea deal.
Your Defense
In ADW cases, especially in domestic disturbances, one person who accuses the other of doing something that injured them greatly, but in these "he said, she said" situations you have several defenses.
Never Had the Ability
Now for an ADW charge you must have at least been capable of great bodily injury, but if you weren't ever capable of doing it, you should be acquitted of the crime. After all, you weren't ever capable, for example, of injuring somebody with a gun if the gun was never loaded.
Acted in Self-Defense
Sometimes they're cases where you need to act in self-defense. As you as you had an honest, reasonable belief that bodily injury was about to be inflicted on you or another, and you only counter with as much force as is reasonably necessary you cannot be charged with ADW.
Never Had the Intent/Accident
Other times maybe there was a heated argument and to let off steam you throw something against the wall, but it bounces off the wall hitting the other person.
Lack of Witnesses and Police Evidence
If there are no witnesses who can back up the story or even attest to alleged past assaults or other possible problems between the alleged victim and suspect it's going to be difficult for the DA to file ADW charges. Furthermore, if police don't have solid evidence then the DA likely won't press ahead with ADW charges.
If Convicted
Under PC 245 (a)(1) ADW is a "wobbler," which means it could be file either as a misdemeanor or felony depending on, the extent of any sustained injuries, the weapon used to commit the assault and the nature of the victim.
Misdemeanor ADW
If convicted of misdemeanor ADW you face, up to one year in Orange County jail, informal probation for up to five years, up to a $10,000 fine, if applicable, confiscation of the weapon, community service and attendance in anger management classes.
If you used a firearm your Orange County jail sentence is increased to a minimum of six months.
Felony DUI
If convicted of felony ADW you face, two-to-four years in a California State Prison, a maximum $10,000 fine, a "strike" on your record per California's Three Strikes Law, and confiscation of the weapon.
If you used a firearm classified as an "assault weapon" you face between four and 12 years in a California State Prison.
If you used most any other type of firearm you face between three-to-nine years in jail.
ADW Public Official Punishment
If you're convicted of ADW on a police officer or firefighter you could face an additionally three-to-five years in a California State Prison.
Call an Attorney Now!
As you've read assault with a deadly weapon is a very serious charge, and depending how the Orange County District Attorney views your case it could be made much worse, which is why you need to call the Orange County Law Offices of Michael L. Guisti right away.
Not only will our legal experts go over and explain the complexities of this charge, but by calling right away before the Orange County District Attorney formally files charges we can not only work with the DA to reduce charges and perhaps work out a plea deal that keeps you out of jail, but our legal experts will investigate police action leading to your arrest, which could result in your case being dismissed.
Call the Law Offices of Michael L. Guisti right away at 714-530-9690.
The Orange County Law Offices of Michael L. Guisti can help you to deal with this charge because our legal experts know the complexities and loopholes of the law and Orange County court system.
We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
