In the California Penal Code, the crime of assault with a deadly weapon is defined as attacking or attempting to attack another person with a weapon that is capable of causing great bodily injury or death.
The California Penal Code defines the crime of simple assault as an unlawful attempt to violently injure another person. Note that the crime does not require the infliction of physical injury, just the attempt to inflict injury. A person who commits an assault acts in a manner that could cause a battery, a physical touching, or injury to another person. However, a person can be guilty of the crime without physical touching or injury.
The crime of assault with a deadly weapon is also referred to as aggravated assault in California. Aggravated assault occurs when a person engages in a physical act that causes serious bodily harm to another person. Assault with a deadly weapon is committed with a dangerous weapon such as a knife or a gun.
What Is a Deadly Weapon?
For the purposes of the crime of assault with a deadly weapon, a deadly weapon is any object or firearm that is used with the intent to cause serious injury or death to another person.
The term can be more broad than most people might expect. People have been convicted of assault with a deadly weapon when they did the following:
- Attacked another person using a bat or athletic gear;
- Wielded a knife while intending to injure;
- Aimed a gun at another’s head and threatened to pull the trigger;
- Used a vehicle to purposely hit another driver or pedestrian; or
- Rushed after another person with an ax.
Other weapons that may be considered deadly weapons include broken bottles, power tools, gardening tools, vehicles, blunt objects, and any other item that can cause great bodily injury or death. The law is broad in order to avoid loopholes regarding what constitutes a deadly weapon.
In most cases, a court examines how the object was used during the commission of a crime. This determines whether or not the object is considered deadly. If a court finds that an object was used with the intent to harm another person, it is more likely to be considered a deadly weapon.
What Does Assault With a Deadly Weapon Mean in a Criminal Context?
In order to be convicted of the crime of assault with a deadly weapon, the prosecution must prove the following elements of assault plus that a deadly weapon was used.
- The perpetrator performed an act that would result in the application of force to another person;
- The perpetrator performed the act with a deadly weapon or with the force that could result in great bodily injury;
- The perpetrator performed the act on purpose or intentionally;
- The perpetrator knew of facts that would lead a reasonable person to believe the act would result in injury to another; and
- The perpetrator had the ability to inflict great bodily injury or death on the other person.
In a criminal case, the parties to the action are the prosecution, representing the state, the perpetrator or defendant, and the victim. The perpetrator is subject to a jail sentence, fines, and probation, as discussed above, if convicted of the crime.
What Does Assault With a Deadly Weapon Mean in Civil Law?
In addition to criminal charges, a victim can also file a civil lawsuit against a perpetrator of assault with a deadly weapon (AWDW). The elements of proof for AWDW are similar in criminal and civil cases. They both require showing that the accused person created a reasonable apprehension of harm in the victim and that a deadly weapon was used.
The main difference between civil and criminal assault is that in a case of criminal assault, the perpetrator can be convicted of a crime. They would then have a criminal record and may be sentenced to criminal punishments, including jail time and payment of a fine.
A civil lawsuit is a private lawsuit between the victim and the perpetrator. It usually results in a monetary damages award that the perpetrator must pay to the victim.
In a civil lawsuit, it is required that the perpetrator or defendant either meant to cause the victim apprehension or that the perpetrator should have known that their actions would cause the victim apprehension. This is similar to the intent requirement for the criminal offense.
Is Assault With a Deadly Weapon a Felony in California?
Assault with a deadly weapon in California is considered a “wobbler.” This means it can be charged as a misdemeanor or a felony, depending on the characteristics of the offense. It may also be charged differently if the weapon involved is a firearm.
How Is Assault With a Deadly Weapon Punished?
The punishment for an assault with a deadly weapon charge varies depending on the circumstances of the case. If the weapon involved in the crime is not a firearm, the assault can be charged as a misdemeanor or a felony.
Punishment for a misdemeanor conviction includes up to 1 year in jail, payment of a fine of up to $1,000.00, and/or probation. Punishment for a felony conviction may include 2 to 4 years in prison, payment of a fine of up to $10,000.00, and/or probation.
If the weapon used in the commission of the assault was a firearm, the charge depends on the type of firearm. If the firearm was an ordinary firearm, the crime is still a wobbler, and the accused faces the punishments discussed above.
However, if the weapon used is a semi-automatic firearm, the offense is automatically charged as a felony. Conviction can result in 3 to 9 years in prison. The term of imprisonment can increase to as much as 12 years for the more dangerous or deadly firearms.
Are There Any Defenses to Assault With a Deadly Weapon Charges?
These defenses to a charge of assault with a deadly weapon may include the following:
- The perpetrator acted in self-defense or defense of a third party;
- The victim was mistaken or misinterpreted the accused’s actions;
- Only words were used between the parties, and there was no object; and/or
- The accused did not intend to harm the individual.
A local California attorney can review a case and determine if any defenses apply.
There may also be defenses available in a civil assault lawsuit. These include:
- Self-defense or defense of a third party;
- The accused had a right to commit assault, such as when a law enforcement officer attempts to arrest someone;
- The victim consented to be in a position to be assaulted; and/or
- Any of the required elements of assault have not been proven.
What Is the Bail for Assault With a Deadly Weapon?
If a person suspected of committing assault with a deadly weapon is jailed after being charged, a court sets their bail for release before trial. The amount of bail would depend on the circumstances of the offense and the characteristics of the perpetrator.
Can the Prosecution Drop an Assault With a Deadly Weapon Charge?
It is always possible for a criminal charge to be dropped. The prosecution may decide that it does not have sufficient proof to win a conviction at trial or encounter some other barrier to prosecution. If this is the case, it may drop a charge and end its prosecution of a suspected perpetrator.
Do I Need the Help of a Lawyer for My Assault With a Deadly Weapon Charge?
If you have been charged with assault with a deadly weapon, you want to consult a California criminal defense lawyer. LegalMatch.com can connect you to an experienced local California attorney who can evaluate the facts of your case and ensure your rights are protected. A criminal lawyer can determine what defenses, if any, are available in your case as well as represent you during any court proceedings.
