What You Need to Know About Aggravated Assault with a Deadly Weapon in California
Assault with a deadly weapon in California is the act of assaulting or inflicting great physical injury with the use of a deadly weapon to another person. It is a more serious charge than simple assault as it uses a weapon that may result in great injury or death. Here is everything you need to know about aggravated assault with a deadly weapon in California.
Under California Penal Code §245, assault with a deadly weapon is defined as assault with a weapon or instrument that is used with the intention of causing serious physical injuries or even death.
Elements of Assault with a Deadly Weapon
The elements of assault with a deadly weapon are the elements a prosecutor has to prove in order to convict someone for the charge. They include:
- The act committed would likely result in using force;
- The act committed was with a deadly weapon;
- There was an intent to cause physical injury;
- The act committed was willful and purposeful;
- The defendant had the physical capability to forcibly harm the victim;
- The defendant was not acting in self-defense; and
- The defendant reasonably believed the act would lead to using force or injuring the victim.
Definition and Examples of a Deadly Weapon
A deadly weapon is defined as an object, instrument, or weapon that can be used to inflict great bodily injury or death against another individual. Great bodily injury is substantial physical injuries and the act of the assault must be willful.
Related: How to Get a CCW Permit in California
Below are some examples of a deadly weapon:
- Knife;
- Broken glass bottle;
- Rocks;
- Brass knuckles;
- Baseball bat;
- Clubs;
- Unloaded weapon;
- Vehicle; or
- Any blunt objects
Firearms are not included under the definition of deadly weapon, but rather it is separately defined in its own category.
Penalties for Assault with a Deadly Weapon in California
The penalty for assault with a deadly weapon, other than a firearm, in California is either up to one year in jail or four years in prison along with a fine up to $10,000. Individuals who are charged face a felony conviction. California Penal Code §245(a)(1).
The penalty for assault with a firearm is up to four years in prison or up to one year in jail along with a fine of up to $10,000. California Penal Code §245(a)(2).
Defenses to Assault with a Deadly Weapon
There are a few common defenses attorneys may use to lessen the conviction of an individual charged with assault with a deadly weapon.
Self-Defense
In order to prove that the act of assault was, in fact, self-defense, the defendant must show reasonable evidence that they were acting in fear for their own life and safety. There must be sufficient evidence showing that the defendant was in imminent danger of suffering an injury.
Lack of Intent
Lack of intent is proving that the defendant did not act willfully with the intention of causing physical harm against the victim. The victim may have misinterpreted the defendant’s actions, mistaking the intent for harm.
False Allegation
The defense of false allegation works if the defendant is able to prove that the victim falsely accused the defendant and was motivated by revenge, jealousy, or anger.
Related: How to Fight Assault Charges in California
Weapon Used is Not Deadly
The defendant may be able to argue that the “weapon” they used is not “inherently dangerous”, the legal definition of a “deadly weapon”. If they are successful in arguing this, the charge may be brought down to just an assault charge, reducing the possible sentencing.
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If you or a loved one would like to learn more about Assault with Deadly Weapon California, get your free consultation with one of our Women’s Rights Attorneys in California today!