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A violation of 245 a1 is assault that is committed with any type of deadly weapon or by mean of force that is likely to cause great bodily injury to another. 

an adw charge is a wobbler which means that it can be charged either as a felony or a misdameanor. 

 

There are several factors the prosecutor will take into consideration as to whether to charge as a Felony or a Misdameanor. 

1. The type of weapon used to committ the alleged adw

2. whether the person whom you allegedly assualted sustained and injury (and )

3. the nature of the victim was he a firefighter, a police officer etc.

 

Many innocent people in California get wrongfully accused of assault with a deadly weapon.  Accusers often exxegerate or outright lie to the police. 

A skilled defense Attorney who practices criminal defense law can help you with your case.

HOW DOES THE PROSECUTOR PROVE THAT COMMITTED ASSUALT WITH A DEADLY WEAPON?

1. That you assaulted somoene and

2. That the assualt was committed with a deadly weapon or other means of force likely to cause great bodily injury.

the prosecutore doesn't have to prove that you injured another person or tha tyou even actually made physcial contact with someone, all that matters is that you had the present ability and intent to injure somoene. 

WHAT IS A DEADLY WEAPON

We typically think deadly weapon as being something like a gun or a knife; however, everyday items can be deadly weapons depending on how they are used. 

example swinging beer bottles

threatening to stab another in the neck with a sharp pencil. 

WHAT IS MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY INJURY

As previously stated

hands

feet and other body parts

do not qualify as deadly weapons under california adw law however, if you use your body to inflict "great bodily injury" on another you can still trigger an adw charge. This is because california penal code section 245a1 penalizes those who assualt with another

1. deadly weapons

2. instruments

3. any means of force likely to produce great bodily injury

As you can see the law for assault with a deadly weapon is a very difficult area of law.  You need an experienced Attorney that knows this area of the law.  As a former probation officer, deputy district attorney, adjunct criminology instructor, and criminal defense attorney with more than 13 years of criminal defense experience, I know how to represent someone in complex cases such as Assault with a deadly weapon.

I have tried cases ranging from petty theft to First Degree Murder, and have won acquitalls in three different counties and in adult and Juvenile Court.  Call us and we can make an appointment to go over your options and see what we can do. 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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