According to California Code 240, an assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Of course, there are many different types of assaults, but one of the main forms typically heard about is an assault with a deadly weapon (ADW). This means that when an individual assaulted another individual, they used a weapon to cause injuries. This article will discuss more assaults with a deadly weapon and potential defenses that a Los Angeles criminal defense lawyer from The Law Offices of David S. Chesley may use for your case.
What Is a Deadly Weapon and What Types Are Often Used?
A deadly weapon is any type of weapon that can be used to inflict severe injuries on a person. Most states describe deadly weapons as capable of causing death or serious bodily injury. The following are a few of the most common types of weapons used in ADW cases:
- Baseball bats
- Brass knuckles
- Broken bottles
- Gardening objects
- Power tools
- Motor vehicles
While there are many different types of weapons that can be used to severely injure or kill someone, the main weapons that our Los Angeles criminal defense attorneys have seen are usually the ones that you do not need to think twice about when hearing that someone used them to hurt or kill another individual.
If you are charged with a crime or misdemeanour, you risk incurring significant penalties, jail or prison time, and both. When someone is placed on probation, they must attend anger management counselling, surrender all weapons, apologise, and make amends with the victim. However, if you contact a skilled criminal defence attorney in Los Angeles as soon as you can, they could be able to employ a few defences in your case. We shall go over these potential countermeasures below.
Potential Defenses to ADW Charges
If you are facing felony or misdemeanor charges, you could be looking at jail or prison time and hefty fines. Sometimes individuals are given probation, which requires them to take anger management classes, get rid of all weapons, apologize and make amends with the victim. However, if you reach out to a Los Angeles experienced criminal defense lawyer as quickly as possible, there may be a few defenses that they can use in your case. Below, we will go over these potential defenses.
You did not use a deadly weapon or the force needed to cause death or serious bodily injury
Individuals cannot be convicted of ADW if they never used an object or possessed an object that can be considered a weapon. However, if you did have a weapon, your Los Angeles criminal defense attorney may instead use the defense that you did not use the force needed to cause death or serious bodily injury. There is a certain amount of force needed. Therefore, if you accidentally hit someone with a bat but did not swing hard enough, you did not use the force needed to be convicted with ADW.
You were acting in defense or protecting someone else
If you can prove that you were acting in defense or protecting someone else, this is a good defense for your Los Angeles criminal defense attorney. A few ways to show this is to provide proof that you believed you or another individual was in danger, you believed that you needed to use a great amount of force, and you used the amount of force needed to defend yourself or others from immediate danger.
You are falsely accused of a crime you did not commit
People are falsely accused of crimes they did not commit all the time. Witnesses are used to helping with cases often, but their word is not always correct or factual. Witnesses are known to make mistakes. They can become nervous or believe they saw something when they did not, which could result in them identifying the wrong suspect for a crime. It is also not uncommon for individuals who are angry with others to make wrongful accusations against those who did not commit the crime. For example, ex-spouses can make up lies to police officers to try to get back at you.
Have You Been Wrongly Accused of an Assault with Deadly Weapon Charge? If So, Get in Touch with Our Los Angeles Criminal Defense Lawyers Today.
If you have recently been accused of an assault with a deadly weapon charge and need guidance from an attorney on what to do, the Law Offices of David S. Chesley are available and happy to help you. Our Los Angeles criminal defense lawyers are knowledgeable and experienced in the laws surrounding these issues. We will do everything in our power to stand behind you and ensure that you are not wrongly convicted of a crime you did not commit. Set up a consultation today by calling our office, and we can discuss your case as soon as possible.