The answer to your question is "it depends." Mr. Wallin founded Wallin & Klarich in 1981. If you or someone you love has been arrested for a charge of assault with a deadly weapon, you should speak with one of our experienced criminal defense attorneys at Wallin & Klarich today. In addition, your attorney can challenge a witness’ level of sobriety and whether or not he or she may have used any legal or illegal drugs on the day of the alleged event. To aggravate a crime basically means to make it more serious. Even where the punishment level is lower, the parole consequences are usually higher. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. However, it is possible to be charged just with assault, meaning that you were about to hit someone, and maybe even took a swing at them, but you never connected. An aggravated assault, on the other hand, means that a person caused serious bodily injury to another person, or used or brandished a deadly weapon during an assault. This eliminates your need to prove your innocence during the course of a trial. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. As a deadly weapon was included as part of the offense, Taylor will have to spend half of the sentence, or four years, in custody before he can be eligible to be considered for parole. While the assault with a deadly weapon charge has been dropped as a felony charge against Combs, he might still wind up facing lesser charges. Many states define guns or firearms as deadly weapons. In order for self-defense to be an effective defense strategy in your case, your attorney must show that the force you used against the alleged victim was reasonable under the specific circumstances you faced. PA 215-639-5297 If the victim asks the prosecutor how they can get the assault charges dropped, they may not be treated with much kindness. In assault cases, the defendant often states that he or she only committed the act to protect him or herself from an attacker. Call a Lawyer. They have significant short-term and long-term impacts on any defendant’s life. William John Connelly, 64, faced six counts of third-degree aggravated assault with a deadly weapon. Aggravated assault is a second-degree felony, punishable upon conviction by a maximum sentence of two to 20 years in prison and an optional fine of up to $10,000. My friend found out that his ex girlfriends new boyfriend was foundling his 9 year old daughter needless to say when he found iut he took matters into his own hands. To better help you with your case we now also offer Virtual Consultations - CALL 877-466-5245 to schedule an appointment or click here for more information. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. Call a Chicago criminal defense lawyer at 312-345-1700. When a charged is dropped, this means the case has been resolved in your favor before the trial begins. Free consult. Assault with a deadly weapon is one of the most serious crimes in California. 13-1204; it carries important distinctions from a simple Assault charge and, as a result, typically sees more serious punishments following a conviction in court.There are many circumstances where an Aggravated Assault charge may be placed. Paul Wallin is one of the most highly respected attorneys in Southern California. Most commonly, Aggravated Assault is the charge when a person causes a serious … Let us help you now. Your attorney may be able to use factual impossibility as a valid defense if: You did not possess an object capable of being used as a … However, there can also be an assault even if there is no physical or actual contact with the victim. (e) (1) Assault is a class C person misdemeanor. Each offense includes a sentence requirement set by state law, as follows: Simple assault - second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. If you’re also being charged with battery, this means that you did cause them bodily harm. As in this case, we can talk to the prosecutor before charges are filed, fill them in on the facts and hopefully get the charges dropped. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. “Deadly weapon” generally refers to a wide range of objects that can inflict mortal or great bodily harm—for example a car or a golf club. 22.02. Another valid legal defense to assault with a deadly weapon charges is that it is factually impossible that your act meets all of the elements of the crime. Penalties for a Battery Charge. If a person points a gun at his neighbor and threatens to shoot him, then the threat is sufficient to constitute an assault for the purposes of an aggravated assault charge. Self-defense often can be utilized as an outright defense if the evidence supports it. Charges can also be dropped if you and your lawyer reach a plea deal to a lesser offense with the prosecutor in your case. View all posts by Paul Wallin, I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. If you find yourself facing assault with a deadly weapon charges in the state of Illinois, you could be slapped with a number of very severe penalties that may affect the rest of your life. The definition is set out by each state’s penal code, but usually involves some evidence that the deadly weapon was used or intended to be used in a way that was capable of causing death or serious bodily injury. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The most basic example of knowing or intentional conduct is when one person hits another with a closed fist. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Other items which courts have held to be deadly weapons include knives, clubs, baseball bats, and hammers. We have helped thousands of clients facing assault with a deadly weapon charges. If your rights were violated or if the police wrongfully gathered evidence against you, that evidence can be excluded from trial, which, in turn, can lead to a reduction or dismissal of the assault charge. To be convicted of assault with a deadly weapon, the prosecution must prove: The punishment for assault with a deadly weapon is serious, so it is critical that you hire an experienced assault lawyer if you are facing assault with a deadly weapon charges. If you have been charged with assault with a weapon, the likelihood that you will be admitted to AMP or that you will receive a peace bond will be reduced due to the increased seriousness of the offence. Just like assault, battery can be considered a misdemeanor or a felony. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. An attorney that is knowledgeable and experienced with criminal law can help in getting your sentence reduced or even dropped. Assault with a deadly weapon (PC 245(a)(1)) is a “wobbler” under California law, meaning that prosecutors can charge it as a felony or misdemeanor, depending on the facts of the case. Assault with a deadly weapon is usually one of the highest assaultive offenses next to manslaughter and murder. If you or a loved one have been accused of a crime, now is the time to contact us. Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. You can be charged with assault for threatening someone whereas battery requires actual physical contact. Can assault charges be dropped by the State? In Fort Worth, Texas, a man was charged and convicted of aggravated assault with a deadly weapon, namely his semen or bodily fluids, because he was HIV positive and knowingly engaged in unprotected sexual activities with multiple partners, thereby recklessly infecting them with the HIV virus. This doesn’t influence our content. ASSAULT CHARGES. But our shock turned into horror when he was charged with felony arson. Cook faces a misdemeanor riot charge. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. Yet, a tire iron could also be a deadly weapon, as could a rope that might be used to strangle someone. Our opinions are our own. The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Not only untrue, but essentially impossible. Some courts refer to assault with a deadly weapon as an aggravated assault. Your attorney may be able to use factual impossibility as a valid defense if: One of the most important elements of defense strategy in a PC 245 case is to attack the credibility of the witnesses for the prosecution. (714) 730-5300. Common assault is the most frequent assault charge in Australia, and can result from a simple scuffle or argument. Our goal is to be an objective, third-party resource for everything legal and insurance related. Gestures that cause fear of injury (e.g. Assault is defined as the direct infliction of injury, force or violence upon a person. Many states, however, broaden the application of the assault with a deadly weapon statute by including reckless conduct. Many cases get dismissed if they can't get the victim to testify. Due to this, a victim of assault will not have the ability to drop the charges. (3) In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. The state attorney for the Eighth Judicial … If you or a loved one has been charged with assault with a deadly weapon, you should speak to a skilled criminal defense attorney right away. Before accepting a plea bargain, a defendant should consult with a criminal defense attorney to review all of the defensive and sentencing options. Although weapons like guns and knives are obviously deadly, this law also covers the use of improvised weapons such as baseball bats, golf clubs, motor vehicles, acids or other caustic chemicals, etc. It can still be prosecuted two ways, with a summary conviction and a maximum penalty of 18 months in jail, or, if it is prosecuted as an indictable offense, up to 10 years in prison. Assault with a weapon is exactly what it sounds like. ... but charges were dropped … Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. If convicted, Aguirre faces up to 20 years in prison. There are situations where these charges may be lessened or dismissed, especially if the victim entered the home or property of the attacker. But the prosecutor doesn’t dismiss assault cases just because the Victim asks. This would be under the category of domestic violence and a number of factors will be taken into consideration in determining whether or not the charge of assault with a deadly weapon will be reduced to a misdemeanor. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Kaplan was assigned to investigate a case of aggravated assault with a deadly weapon and domestic violence in Mesa, according to police documents. Consent or mutual combat is a defense if both parties agreed to the use of the same or similar dangerous instruments. The best advice I can give you is to get an experience criminal defense attorney to assist you. This can include threatening to use a weapon, causing severe pain in the victim deliberately and systematically, the victim was under 12 or over 60 years old, or if you had a certain relationship with the victim (for example, if the victim is a former spouse, or your child). A deadly weapon finding does not generally require proof that a victim was actually injured, only that the instrument was capable of causing the serious injury. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. For instance, your criminal defense lawyer may be able to show you were not at the scene of the crime when the alleged assault took place. Even though not a direct punishment, an assault with a deadly weapon charge can have other collateral consequences on a person’s employment, educational funding opportunities, and professional licenses. He was sentenced to 16 years to life in state prison. Some states will even treat an assault as an infraction with just a fine or jail time under thirty days, if the injury was minimal and there was no weapon. An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. (3) Assault of a law enforcement officer is a class A person misdemeanor. However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. Fighting can lead to an assault charge, even when two people have mutually agreed to fight. Colorado menacing can be a misdemeanor or a felony. However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. Due to prison overcrowding, offenders who are convicted of using deadly weapons are held in prison longer and parole later than defendants who are convicted of non-violent offenses. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. Here are just a few of the valid legal arguments we have used to help our clients win assault with a deadly weapon cases. To defend charges of assault with a deadly weapon, it is best to seek the recommendation of an experienced assault lawyer in Minnesota. Are assault and battery a felony in South Carolina? (To learn about assault and battery as intentional torts that can form the basis of a civil lawsuit, check out Assault and Battery as Personal Injury Claims .) San Bernardino, CA – Charges were officially dropped today against A. Ochoa, who was arrested in January for assault with a deadly weapon. How or why assault with a deadly weapon charges are dismissed is specific to each case. Among the dismissed charges were armed robbery, assault with a deadly weapon with intent to kill and attempted first-degree murder. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is … The jury did not find that Atkinson had actually laid a hand on the shop assistant. This web site is not intended to solicit clients for matters outside of the state of California. Can a charge of aggravated assault with a deadly weapon be dropped to a lesser charg? ATTENTION:Wallin & Klarich Offices Will Remain Open to Help Out Clients and Potential New Clients During the COVID-19 Coronavirus Pandemic, in Accordance with Mandated Safety Guidelines. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Related Assault Charges – Deadly Conduct. The contents of this website may contain legal advertising. Under California Penal Code Section 245(a)(1), if you are convicted of felony assault with a deadly weapon you face up to four years in jail, $10,000 in fines, and a strike on your criminal record under California’s Three Strikes law. Words can be enough. In doing so, your lawyer can explore how well the witnesses recall the surrounding events. Though dropping assault charges depends purely on the case facts and details, a lawyer will be equipped with comprehensive knowledge about relevant assault laws. How an Assault with a Deadly Weapon Attorney Can Help You. Jesus Alvarez was taken into custody at approximately 4:09 p.m. on Wednesday, December 16, 2020 as a result of a warrant. If you hope to have your charges withdrawn, it is in your best interest to pursue anger management counselling or perhaps volunteer in the community immediately following the offence. (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; Mr. Ochoa was at his girlfriend’s residence in January 2016 when her abusive ex-husband repeatedly knocked on the door while yelling obscenities. There are a number of things you can do to have assault charges against you dropped. Can Assault with a Deadly Weapon Charges Be Dropped? I now realize the importance of obtaining a law firm that has years of experience in criminal law. Finding trusted and reliable insurance quotes and legal advice should be easy. Sec. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Assault with a deadly weapon is considered to be a felony crime in most states. If you’re being charged with assault, it usually means that you acted in a way that made someone believe you would hit them or hurt them. Find the right lawyer for your legal issue. This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. Jeffrey Johnson is a legal writer with a focus on personal injury. An experienced assault with a deadly weapon attorney will also explore whether any witnesses were in a position where they could accurately witness what they claim they saw. Your lawyer can attack the credibility of witnesses by challenging their memory of the events. Yes. We will be there when you call. Assault with a weapon is exactly what it sounds like. If no deadly weapon was involved, menacing is a class 3 Colorado misdemeanor. Sometimes a substance can also be considered a deadly weapon. Penalties can include: Up to 6 months in jail, and/or; A fine of $50-$750. Aggravated Assault. 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