Defense of Assault with Deadly Weapon
I've handled hundreds of assault with a deadly weapon case under California Penal Code 245(a)(1). Many serious ones are filed in downtown Los Angeles, LA, at 210 West Temple, the main courthouse in LA County. This court is called the Clara Shortridge Foltz Criminal Justice Center.
Even though there are 38 courthouses throughout Los Angeles because it's such a vast county, the one in downtown LA is the main one.
So, you have a pretty good jury pool there if you're going to try an assault with a deadly weapon case. The prosecutors must prove that you did something criminal and weren't just defending yourself.
What is a “Deadly Weapon”
Usually, you're going to be using some weapon. A lot of times, I see a gun or knife, but believe it or not, other things can be characterized as weapons in these cases downtown — a car can be used as a weapon.
I've seen people drive their vehicles at other people; I've seen people stomp people with their boots, and that could be a deadly weapon.
People who are skilled fighters, their hands can be characterized as deadly weapons if they seriously injure somebody.
So, you have to look at the case and see if the prosecutors can prove the case against you. You know whether or not you've done something wrong or you haven't done something wrong.
It's my job to evaluate all the evidence with you and give you a game plan moving forward.
That game plan will be based on our conversation, whether you think you've done something wrong and whether or not I believe they can prove it.
Fighting Case vs. Negotiation for Best Outcome
We will try to negotiate if we both feel that you did something wrong, and they can prove the case. For instance, in some cases, we've been able to reduce a felony assault charge to a misdemeanor or even get the charges dropped altogether.
Assault with a deadly weapon is typically going to be a strike if you admit that you used the gun. Nobody wants a strike on their record, but we must see exactly what happened.
We have to see what makes sense in your case and whether or not we can win it. You don't want to go to trial if you can't win the case. If you can win the case and feel that you haven't done anything criminal, then we go to trial; we fight it; we show the jury that you're innocent.
Assault with a deadly weapon case is usually a prison case, so we have to look out for that. Nobody wants to go to prison. Nobody wants a strike on their record. So, we have to evaluate everything.
Misdemeanor vs. Felony Charges
On the flip side of you possibly going to prison, assault with a deadly weapon is also a wobbler, which means it could be filed as a felony or a misdemeanor. Even if it's filed as a felony, there are ways to reduce it to a misdemeanor. This process, known as 'reducing a felony to a misdemeanor,' can be done through a Penal Code Section 17 b motion, where we ask the judge at the preliminary hearing after hearing all the evidence to reduce it to a misdemeanor.
The judge can do it on a Penal Code Section 17b motion, where we ask the judge at the preliminary hearing after hearing all the evidence to reduce it to a misdemeanor.
Or, a lot of times, we can convince the prosecutors to reduce an assault with a deadly weapon case down to a misdemeanor in the downtown LA courthouse.
It just depends on what happened, whether somebody was hurt, what the weapon was, what the circumstances were, and what your criminal record looks like. There's a whole host of factors.
So, if you or a loved one is charged with assault with a deadly weapon, you've come to the right place. Pick up the phone. Ask to speak to Ron Hedding. Set up a meeting.
We will discuss everything in the privacy of my office. Everything will be handled with the utmost confidentiality, and I will put my years of experience to work for you. I have worked for the DA's office, as a Superior Court Judge, and as a criminal defense attorney since the early 1990s.
