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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Assault With a Deadly Weapon Lawyer

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.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer