If you have been charged with Assault with a Deadly Weapon in Orange County for committing an assault with a deadly weapon or with force likely to produce great bodily injury, you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these Assault with a Deadly Weapon charges. In Orange County, Assault with a Deadly Weapon is a wobbler so it is divided into two degrees, Felony Assault with a Deadly Weapon and Misdemeanor Assault with a Deadly Weapon. Assault with a Deadly Weapon is usually committed when someone commits an assault with a deadly weapon or commits an assault with force likely to produce great bodily injury.

Assault with a Deadly Weapon Orange County Penal Code 245(a)(1)

First, let the top defense attorneys in Orange County give you the relevant law. The relevant portion of the law that is applicable to Assault with a Deadly Weapon in Orange County is summarized below. However, the full text of the Assault with a Deadly Weapon laws in Orange County can be found in California Penal Code Section 245(a)(1). To prove that the defendant is guilty of Assault with a Deadly Weapon, the Prosecutor must prove that:

• A person was assaulted; and
• The assault was committed
• with a deadly weapon or instrument, other than a firearm, or
• by means of force likely to produce great bodily injury

The laws regarding Assault with a Deadly Weapon in Orange County can be confusing to a defendant charged with a crime. The attorneys at the Atias Law Firm know the ins and outs of these particular criminal charges and may be able to help you get your case dismissed or lowered to a lesser offense, such as Misdemeanor Assault or Disturbing the Peace.

Reducing an Assault with a Deadly Weapon Charge To A Lower Level Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Assault with a Deadly Weapon, rather than Felony Assault with a Deadly Weapon. These circumstances include the weapon used during the offense, the extent of any injuries, and/or the victim is a protected person, such as a police officer. Our attorneys may be able to show that your Felony Assault with a Deadly Weapon charge should be reduced to a Misdemeanor Assault with a Deadly Weapon charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Our lawyers aggressively challenge the facts of the case. We may be able to get an investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Assault with a Deadly Weapon charges may be reduced to Disturbing the Peace, Misdemeanor Assault, Misdemeanor Battery, or Misdemeanor Assault with a Deadly Weapon and you could avoid jail or prison.

Will I Go To Jail?

Possibilities & Penalties For Assault with a Deadly Weapon in Orange County

Assault with a Deadly Weapon is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Assault with a Deadly Weapon is punishable by a maximum of one year in jail and thousands in fines. Felony Assault with a Deadly Weapon may result in a sentence ranging between two to four years in state prison, and a $10,000 fine. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Assault with a Deadly Weapon Defenses in Orange County

The attorneys at the Atias Law Firm know the defenses that may help get your Assault with a Deadly Weapon charge dismissed. There are a number of defenses to Assault with a Deadly Weapon in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that, although you assaulted someone, you were acting in self-defense or the defense of other people. If we can show that you had a reason to defend yourself then the charges may be reduced or dismissed. Also, we may be able to show that you did not intend assault another person, or that you did not use a deadly weapon or force likely to cause great bodily injury. In that case the charges against you should be dismissed. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our Assault with a Deadly Weapon lawyers in Orange County may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Assault with a Deadly Weapon, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Assault with a Deadly Weapon Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Assault with a Deadly Weapon lawyers Orange County may be able to help you get your Assault with a Deadly Weapon charge reduced to a lesser charge. Assault with a Deadly Weapon lawyers Orange County may be able to get your Felony Assault with a Deadly Weapon charge, and the penalties reduced to those penalties associated with Misdemeanor Assault, Battery, or Misdemeanor Assault with a Deadly Weapon.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Assault with a Deadly Weapon, then you may face increased penalties in your current Assault with a Deadly Weapon case. Our attorneys aggressively challenge any prior convictions. For instance, if your prior Assault with a Deadly Weapon conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Assault with a Deadly Weapon penalties. Call the Atias Law Firm in Orange County today to see how your prior convictions may impact your current Assault with a Deadly Weapon charge.

What Should I do about a Assault with a Deadly Weapon charge in Orange County?

Contact Assault with a Deadly Weapon lawyers Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.