Assault with a Deadly Weapon

San Diego Criminal Defense Attorney for Assault Charges

Assault may be defined as the attempt or threat of violence to another person, with the actual or apparent ability to carry this out. Assault with a deadly weapon, also called aggravated assault, is essentially attempting or threatening violence with any type of deadly weapon. This may be a firearm, knife, or even may be qualified as a motor vehicle or a person's fist in some cases. Assault with a deadly weapon may be classified as a felony or a misdemeanor in San Diego, California. The prosecutor will have the discretion to decide the severity of criminal charges, depending on various factors: the weapon used, whether bodily injury was inflicted upon the victim, the defendant's criminal record, etc.

Ensuring you have competent criminal defense counsel in the face of assault with a deadly weapon charges in the San Diego area is crucial. You may currently be at risk of facing imprisonment in state prison or county jail, along with other serious penalties. A San Diego criminal lawyer can step in and work to protect your legal rights in order to seek a positive outcome in the face of your violent crime charges - one that avoids maximum penalties or even a conviction altogether.

Penalties for Assault with a Deadly Weapon in San Diego

The penalties enforced for a specific conviction of any kind will vary depending on the unique case. Following are the general penalties that may be enforced in San Diego for an assault with a deadly weapon conviction:

Misdemeanor assault with a deadly weapon - up to 1 year in county jail, up to 5 years probation, up to $10,000 fine, restitution to the victim, community service, and anger management classes.
Felony assault with a deadly weapon - 2 to 4 years in state prison, fine of up to $10,000, "strike" on your criminal record, restitution to the victim
Enhanced penalties may apply if an assault weapon or semiautomatic firearm was used, or if the victim was a peace officer, leading the defendant to face up to 12 years or more in prison

Find out more about how we can help by contacting a San Diego Assault with a Deadly Weapon Lawyer at our offices.