Assault With a Deadly Weapon

Criminal Assault With a Deadly Weapon Law

Assault is the unlawful threat or attempt to cause violent physical harm to another person. When a weapon or extreme force is used, it is then considered assault with a deadly weapon or aggravated assault. The present ability to cause harm to someone with a weapon or extreme force is enough to qualify as assault with a deadly weapon. This means that actual harm or physical contact does not have to occur to be charged with this crime. If the victim has reasonable cause to feel threatened or think he or she might be physically harmed, the defendant can be charged with assault.

Examples of assault with a deadly weapon can include pointing a gun at someone, threatening someone with a knife, or making someone think you are going to cause severe bodily injury to them. If the act of harm is actually carried through and physical contact occurs, the assault would then be paired with a battery charge.

Assault With a Deadly Weapon Legal Issues:

A prosecutor must be able to prove without a reasonable doubt that the defendant intentionally committed an assault with a deadly weapon. This means that they must prove:

• The defendant unlawfully threatened to bring harm to another, or the victim had reason to believe he or she would be harmed or injured
• The defendant had the actual present ability to carry out the assault
• The defendant used a deadly weapon (such as a firearm, knife, baseball bat, bomb, or any object that could cause harm to a person)

If convicted with assault with a deadly weapon, the defendant can be charged with two to four years in state prison and monetary fines.

What a Criminal Defense Lawyer can do for you:

A qualified criminal defense attorney can present a case on your behalf. An attorney may be able to prove you acted out of self-defense or defense of another, you had no intention to make the alleged victim feel threatened, and/or you physically were incapable of committing the assault.

The charges of assault with a deadly weapon could be reduced from a felony to a misdemeanor resulting in much less penalties. Similarly, the charges could be dropped all together if the attorney is able to prove the allegations are false or incorrect.

Lawyer Referral Service:

If you have been arrested or charged with assault with a deadly weapon, do not hesitate to call Attorney Search Network. We can help you find the right criminal defense lawyer that can help you reduce the charges and protect your rights.

If you have any questions about the information provided above, please contact Attorney Search Network.

Attorney Search Network can provide you with a Local and Pre-Screened Crimial Defense Lawyer Referral.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your criminal law lawyer referral.