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If you were charged with assault with a deadly weapon, a guilty plea or verdict could result in imprisonment, fine, or both, as well as a permanent criminal record that could adversely affect many aspects of your life going forward. A determined Oakland assault with a deadly weapon lawyer could provide insight into what your immediate next steps should be before you talk to any investigators or prosecutors about the charges brought against you. Anyone charged with this crime should immediately seek the counsel of a dedicated assault attorney.

Laws Regarding Assault With a Deadly Weapon

Per California Penal Code §240, assault is defined as any attempt to violently injure someone else that has a significant and present danger of causing harm. An assault could take place in conjunction with a variety of other offenses such as domestic violence or robbery. Though assault is a misdemeanor in California, it could result in a sentence of up to six months in jail and a fine of up to $1,000.

Assault with a deadly weapon, on the other hand, can carry more severe penalties. As designated by CA Penal Code §245, assault with a deadly weapon may entail any of the following actions:

  • Assault with a deadly weapon other than a firearm
  • Assault with a firearm
  • Assault with a machine gun, an assault weapon, or a .50 BMG rifle
  • Assault by means of force to produce a great bodily injury

All charges of assault with a machine gun, assault weapon, or .50 BMG rifle are prosecuted as felonies. The other three, however, are known as “wobblers” in the state of California, meaning they could be prosecuted as misdemeanors or felonies depending on the circumstances surrounding the charge. Because of this, an experienced assault with a deadly weapon lawyer in Oakland may be able to help you work towards a lesser charge in your case.

Penalties for Assault With a Deadly Weapon

Potential penalties for violations of CA Penal Code §245 are dependent on how the case is prosecuted. Felonies are more serious charges and therefore carry more severe punishment.

For assault with a firearm, assault with a deadly weapon that is not a firearm, and assault by means of force intended to produce great bodily harm, possible penalties vary based on how the charge is prosecuted. If prosecuted as a misdemeanor, those found guilty could receive imprisonment in county jail for up to one year and/or fine of up to $10,000. If prosecuted as a felony, those found guilty could receive imprisonment in state prison for two to four years and/or a fine of up to $10,000.

It is possible in these cases that a determined Oakland assault with a deadly weapon lawyer could aid in getting a charge demoted from a felony to a misdemeanor. However, it is not possible to have charges of assault with a machine gun, an assault weapon, or a .50 BMG rifle demoted to a misdemeanor. These cases are prosecuted as felonies, and if found guilty, those accused may face a sentence of four to 12 years in a state prison.

Work with an Oakland Assault With a Deadly Weapon Attorney

Any assault-related crime in California carries the possibility of incarceration and a felonious criminal record, which could permanently alter your life in a number of ways beyond just imprisonment. Even after release, it may become difficult to find gainful employment and housing, continue relationships with friends and family, or provide for those around you.

If you find yourself facing assault charges involving the use of a deadly weapon, or if you believe you may be charged, it could be imperative for you to consult with an Oakland assault with a deadly weapon lawyer. Call today to further discuss the details of your case and determine what to do if you have been charged.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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