The Lancaster courthouse covers a pretty big area just on the outskirts of Los Angeles County. There's not a courthouse for miles around. The closest courthouse to the Lancaster courthouse is probably Valencia, and that's a good hour and fifteen minutes away. So, they pretty much have control over their jurisdiction.
When it comes to assault with a deadly weapon case in the Lancaster courthouse, you're typically going to face prison, especially if the weapon that was being used was a gun.
Gun enhancements now, especially for gang cases and other violent felonies, are severe. For example, if you commit a robbery with a gun, there's a 10-year enhancement that is tacked on the backend of that particular case. So, you'd be looking at the:
- ten years for the gun, plus;
- you'd be looking at an additional minimum of two years for the robbery charge;
- with an assault with a deadly weapon case, you're looking probably at a maximum of six years;
- if you add a gang allegation in there, that's an additional ten years tacked on the back of the assault with a deadly weapon case.
So, in general, I would say, if you're in Lancaster and you've got an assault with a deadly weapon case pending, you're looking at prison.
Mitigating Circumstances for Reduced Charges
On the flip side, if we can show some mitigating circumstance or a situation where it really shouldn't be charged as a felony, then we can try to get Penal Code Section 245 reduced to a misdemeanor because assault with a deadly weapon is a wobbler.
It can be filed as a felony or a misdemeanor. If you're acquitted of a felony, you're in a much better position. You're unlikely to go to jail, and you don't have a strike on your record.
Some people don't realize that if you're charged with assault with a deadly weapon and you're convicted, and you admit that you used a gun, then that's a strike.
If you had a violent felony on your record, you'd be looking at prison time and a much higher percentage of time served because of the striking aspect of the case.
Misdemeanor vs. Felony Sentencing for Assault with Deadly Weapon
So, a lot of people ask, what is the dividing line between someone being convicted of a felony and someone being convicted of a misdemeanor when it comes to an assault with a deadly weapon case in the Lancaster courthouse?
Depending on what happens with that, what punishment will each face that's hit with the felony or the misdemeanor?
The maximum for a misdemeanor assault with a deadly weapon is a year. A year in the county jail right now, especially with the virus, is very short because they're so overcrowded.
On the other hand, the maximum sentence for assault with a deadly weapon as a felony is six years in prison. That's a huge gap and a considerable difference.
Factors Considered by Prosecutor
Some of the factors that the prosecutors are going to look at are:
- how dangerous you were;
- was there a chance you were going to fire the weapon?
- was it a gun?
- was it a knife?
- was it some other weapon?
- what were the circumstances?
- was it a family dispute?
- were you trying to engage in some other criminal activity?
They're going to look at all of these factors, and they're assessing how dangerous you are and whether you are to the public. The more dangerous you are perceived to be, the more likely they will charge you with a felony, seek prison time, and make you take a strike on your record.
The only thing that's going to stand between you and the best resolution in your assault with a deadly weapon case in Lancaster is your attorney. I've been practicing there for 27 years now. I've had a lot of success. I know how to handle assault with a deadly weapon case in the Lancaster court. If you need help, pick up the phone. Ask for a meeting with Ron Hedding.
