Let's review whether you can avoid prison and a strike if you're charged with California Penal Code 245(a)(1) assault with a deadly weapon. This is a severe charge.
It's considered a strike under the California Three Strikes Law if you get convicted of assault with a deadly weapon. Having been practicing for 30 years in Los Angeles County, it's also a presumptive prison case.
If you get convicted of assault with a deadly weapon, the prosecutors and judges are usually trying to send you to prison. Hence, the query, can you avoid prison? Can you avoid a strike?
Of course, the answer is yes. You can, but your attorney will have to either convince a jury that you're not guilty, but if that's not possible, persuade the prosecutors and the judge that you shouldn't have to plead to an assault with a deadly weapon; instead, plead guilty to something different that is not a strike, and that you don't deserve prison.
In assessing that, they will look at your criminal record. The worse your criminal record, the more violent felonies you have, the more likely you will be sent to prison.
This also means they're not going to move on the charge, and then, of course, they're going to look at the charge itself and the facts and circumstances surrounding it to see if you're good for an assault with a deadly weapon charge.
Review of the Case Details
We need to review if you should have to take that plea and have a strike on your record for the rest of your life:
- We have to look at what happened;
- What are the circumstances?
- Do you have any defenses available to you?
- Is there a possibility they could lose the case?
Recently, I've had many assaults with deadly weapon cases that are either over-filed or the person has a defense. They were defending themselves.
The other person attacked them, and it's a mutual combat situation. Maybe it's self-defense. So, we have to look at the case's circumstances and then decide what type of defense makes sense for you.
Determining the Best Defense Strategy
That's why I have you or your loved one come into my office. We sit down, and we go over all of the facts and circumstances.
We review your prior criminal record, and we're trying to assess the following:
- Whether you can beat the case?
- If you can't beat the case, what can we do?
- Can we negotiate?
- What's our road map moving forward?
Then we'll put together a mitigation package that we present to the prosecutors and try to convince them not to send you to prison. Also, if possible, let you plead to something other than an assault with a deadly weapon. That will be determined by:
- Your criminal record,
- What you did, and
- Whether or not there's another crime that fits what you did, that makes sense.
The prosecutors don't like just to make up some crime that has nothing to do with the facts and circumstances surrounding your case.
If you want to avoid a strike, you need to hire the best attorney you can find to avoid going to prison. I've been doing this now for 30 years.
If you need the best, pick up the phone now. Ask for a meeting with Ron Hedding. We offer a free case evaluation. The Hedding Law Firm is based in Los Angeles, CA.