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. He was sentenced to 16 years to life in state prison. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. To defend charges of assault with a deadly weapon, it is best to seek the recommendation of an experienced assault lawyer in Minnesota. Assault with a deadly weapon are serious charges Being charged with assault of any kind can be a serious charge and you should seek legal help as soon as possible to help with the charge . Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is … Some states refer to this charge as assault with a dangerous instrument or aggravated assault with a deadly weapon. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. It will be up to the prosecution to determine if a plea deal will be offered. 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. 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. A closely related but lesser criminal charge to assault with a deadly weapon is “Deadly Conduct.” Under Sec. adw assault deadly weapon san pedro attorney don hammond. 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. This doesn’t influence our content. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. 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. Many of the same defenses that are available against a regular assault charge are available in the case of an assault with a deadly weapon charge. Some courts refer to assault with a deadly weapon as an aggravated assault. 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. By hiring an experienced and respected criminal defense attorney, you can begin to undo the damage caused by a false allegation. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”, ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. 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. 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. 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. 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. Tustin, CA 92780 The best advice I can give you is to get an experience criminal defense attorney to assist you. Most assault and battery charges are misdemeanor offenses in North Carolina. Call a Lawyer. There are some forms of assault in the criminal law, including but not limited to simple assault, sexual assault, assault with a weapon and aggravated assault. Court records did not list an attorney for Aguirre. Yes. We immediately hired the Law Firm of Wallin & Klarich. 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. Assault with a weapon is exactly what it sounds like. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. If there is no victim, there is likely no case unless there is other evidence such as an eyewitness. At Wallin & Klarich, we have over 35 years of experience successfully defending clients against assault with a deadly weapon charges. You can be charged with assault for threatening someone whereas battery requires actual physical contact. (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 There are situations where these charges may be lessened or dismissed, especially if the victim entered the home or property of the attacker. Disclaimer: Common assault is the most frequent assault charge in Australia, and can result from a simple scuffle or argument. Continuing with the school zone example, thousands of people drive cars every day and in their ordinary use, cars are not considered deadly weapons. The way the package was organized and presented to the presiding judge was very impressive to me. Assault with a Weapon. California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Before accepting a plea bargain, a defendant should consult with a criminal defense attorney to review all of the defensive and sentencing options. We have helped thousands of clients facing assault with a deadly weapon charges. Usually it's charged together with battery, which means you did hit somebody. If a defendant uses the car in such a way that is capable of causing serious bodily injury by erratic driving and unsafe speeds, the use of the vehicle could qualify it as a deadly weapon or dangerous instrument. An attorney that is knowledgeable and experienced with criminal law can help in getting your sentence reduced or even dropped. For example, if the deadly weapon alleged is a fist and both parties had consented to a fist fight, then consent or mutual combat could be a defense. Cook faces a misdemeanor riot charge. Most prosecution office and courts will issue a protective order in a domestic violence case. For example, guns and knives are obviously deadly weapons. 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. To aggravate a crime basically means to make it more serious. Free consult. In Texas Aggravated Assault with a Deadly Weapon is … But our shock turned into horror when he was charged with felony arson. To aggravate a crime basically means to make it more serious. Spitting on another person or throwing an object at a person are also classed as common assault. Brazee was initially charged with felony assault with a deadly weapon with intent to kill, but after the Alamance County District Attorney’s office assigned a staff investigator to conduct a follow-up investigation, a grand jury failed to return an indictment. If a victim suffered an injury because of the actions of a defendant, the strategy may focus more on the intent of the contact or the use of the deadly weapon to get the charge reduced. With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich assault attorney available to help you no matter where you are located. At Wallin & Klarich, our criminal lawyers have over 35 years of experience successfully defending our clients facing assault with a deadly weapon charges. Our goal is to be an objective, third-party resource for everything legal and insurance related. 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. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients facing assault and weapons-related charges. 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). For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”, My brother was convicted of second degree murder in Los Angeles County. Aguirre, 63, has been charged with aggravated assault with a deadly weapon. (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; However, if one party consented to a fist fight, but the other party brought a knife, then the consent defense may not be available. Even where the punishment level is lower, the parole consequences are usually higher. With a strong defense, you may be able to get your charges reduced, dropped, or dismissed. State and … 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. Assault with a deadly weapon is a broader use of the term assault and includes conduct which places another in fear of imminent injury, or actually causes an injury, through the use of a deadly weapon. View all posts by Paul Wallin, I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. Jeffrey Johnson Assault with a deadly weapon is considered to be a felony crime in most states. Though dropping assault charges depends purely on the case facts and details, a lawyer will be equipped with comprehensive knowledge about relevant assault laws. If a victim suffered an injury because of the actions of a defendant, the strategy may focus more on the intent of the contact or the use of the deadly weapon to get the charge reduced. Written by However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. 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. Use of a deadly weapon during an assault constitutes aggravated assault. San Bernardino, CA – Charges were officially dropped today against A. Ochoa, who was arrested in January for assault with a deadly weapon. Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. Assault with a Weapon. For example, threatening to break someone's neck, if done in a menacing manner, can be considered simple assault. This applies whether or not the weapon causes physical injury to anyone. If the victim asks the prosecutor how they can get the assault charges dropped, they may not be treated with much kindness. ... but charges were dropped … For example, if a defendant consumes alcohol and decides to drive 100 MPH through a school zone, the defendant could be charged with assault with a deadly weapon if a child is hurt because the defendant engaged in conduct that was clearly reckless to the safety of the children in a marked school zone. Words can be enough. 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. Some courts refer to assault with a deadly weapon as an aggravated assault. Can Assault with a Deadly Weapon Charges Be Dropped? 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. However, penalties escalate rapidly if weapons are involved. Assault with a deadly weapon has the added element of the use of (or the intention to use) a deadly weapon. 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. Your lawyer can attack the credibility of witnesses by challenging their memory of the events. You could face a lengthy prison sentence and the stigma of being a convicted felon. 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. Are assault and battery a felony in South Carolina? Assault with a deadly weapon is considered to be a felony crime in most states. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Assault and battery encompass a wide range of crimes, which includes great bodily harm or an injury that is likely to cause death. All but one of those charges — a 2007 assault with a deadly weapon case — were dismissed. Atkinson v HMA (1987 SCCR 534) The accused, wearing a mask, had entered a shop and vaulted over the counter. Likewise, if a defendant can prove that the instrument used in the assault was not dangerous, then he could ask that the jury find him guilty of a minor assault, rather than the aggravated charge. The old saw about boxers (or martial artists) having to “register their hands” is simply an urban legend. LAPD was in pursuit of a vehicle after an alleged assault with a deadly weapon against a police officer Friday night. brandishing a weapon at someone) can constitute assault. Kaplan was assigned to investigate a case of aggravated assault with a deadly weapon and domestic violence in Mesa, according to police documents. Call a Chicago criminal defense lawyer at 312-345-1700. (2) Aggravated assault is a severity level 7, person felony. Not only untrue, but essentially impossible. Self-defense often can be utilized as an outright defense if the evidence supports it. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. 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. Many cases get dismissed if they can't get the victim to testify. Like the bodily harm charge, this can also be prosecuted as either a summary conviction or indictable offense with similar maximum jail sentences. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. Sometimes a substance can also be considered a deadly weapon. (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 .) How or why assault with a deadly weapon charges are dismissed is specific to each case. (1) With a deadly weapon; (2) while disguised in any manner designed to conceal identity; or (3) with intent to commit any felony. The most basic example of knowing or intentional conduct is when one person hits another with a closed fist. By arguing your case, we might be able to have your case dismissed, lessen the penalties, or have the charges reduced. Some states consider knives and guns as "deadly weapons per se," which means that the prosecutor need not present evidence of their ability to cause mortal or serious injury. AGGRAVATED ASSAULT. If you’re also being charged with battery, this means that you did cause them bodily harm. Assault with a deadly weapon is one of the most serious crimes in California. 17592 Irvine Blvd. We strive to help you make confident insurance and legal decisions. Aggravated Assault: Assaulting someone: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used Three charges dropped for man in shooting case ... aggravated assault with a deadly weapon, riot, possessing instruments of crime, recklessly endangering another person, simple assault… This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. This eliminates your need to prove your innocence during the course of a trial. The answer to your question is "it depends." He faces four misdemeanor charges in the attack, and Dallas police referred a felony charge of aggravated assault with a deadly weapon to a Dallas County grand jury. Jesus Alvarez was taken into custody at approximately 4:09 p.m. on Wednesday, December 16, 2020 as a result of a warrant. 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 … (3) Assault of a law enforcement officer is a class A person misdemeanor. Finding trusted and reliable insurance quotes and legal advice should be easy. To prove an assault with a deadly weapon charge, the state must also show that a defendant actually used a deadly weapon or dangerous instrument. I now realize the importance of obtaining a law firm that has years of experience in criminal law. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Other items which courts have held to be deadly weapons include knives, clubs, baseball bats, and hammers. Of course, if criminal assault charges are filed, we stand ready to defend you against them. Among the dismissed charges were armed robbery, assault with a deadly weapon with intent to kill and attempted first-degree murder. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. But being charged is not the same as being convicted. Penalties can include: Up to 6 months in jail, and/or; A fine of $50-$750. He earned a J.D. The contents of this website may contain legal advertising. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. In doing so, your lawyer can explore how well the witnesses recall the surrounding events. 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. Assault with a deadly weapon can also include assaults by threat. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. Aggravated assault with a deadly weapon is a very serious felony charge; a conviction for this crime can seriously impact your life. 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. 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. You committed an assault on another person; The assault was done willfully or with the intent to cause the person harm; You committed the assault while in the possession of either a deadly weapon or firearm; and, The assault was done with force likely to produce serious bodily injury or death, You did not possess an object capable of being used as a deadly weapon, You did not have the ability to inflict any type of injury, or. 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. How an Assault with a Deadly Weapon Attorney Can Help You. Our opinions are our own. Misdemeanor Assault With a Deadly Weapon Charges. Mr. Wallin founded Wallin & Klarich in 1981. There are a number of things you can do to have assault charges against you dropped. The state attorney for the Eighth Judicial … “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. Ellis Klein, Esquire Phila. There are three general assault and battery crimes: Assault and battery that involves physically injuring someone else; Assault, which can be an attempt to … An assault can include knowing, intentional, or even reckless conduct which results in an unwanted contact with a victim. Paul Wallin is one of the most highly respected attorneys in Southern California. 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Often, these cases arise when a “deadly weapon” is “used.” Fortunately, we have won many aggravated assault cases in trial and had many dropped before reaching trial. A major part of this is to show that you were in immediate danger of suffering bodily injury or death. Most defenses to an assault with deadly weapon charges stem from what is considered an assault or a deadly weapon. (a) A person commits an offense if the person commits assault as defined in Sec. 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. Aggravated Assault. When a charged is dropped, this means the case has been resolved in your favor before the trial begins. Serious bodily injury means the injury leads to protracted loss or impairment of a body part or organ, serious permanent disfigurement or death, or a substantial risk of death. 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. For instance a first degree assault (using a deadly weapon and serious injury) in New York has a prison term up to 25 years. Here are just a few of the valid legal arguments we have used to help our clients win assault with a deadly weapon cases. Property of the state of California 63, has been successfully representing clients for matters of!, December 16, 2020 as a valid legal arguments we have to!, according to police documents when two people have mutually agreed to the use of the most serious crimes California., it is often too late to stop the case of assault a domestic violence case dark. Battery can be done by calling into question their ability to accurately recall the events... 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