What Punishment are you Facing if you have an California Penal Code 245(a)(1) Assault With a Deadly Weapon Case Pending in the Lancaster Courthouse?
The Lancaster courthouse covers a pretty big area just on the outskirts of Los Angeles county. There's not a courthouse for miles around.
In fact, 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 cases in the Lancaster courthouse, you're typically going to face prison, especially if the weapon that was being used was a gun.
Gang and Gun Sentencing Enhancement
Gun enhancements now, especially for gang cases and other violent felonies, are very serious. 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:
- 10 years for the gun, plus;
- you'd be looking at an additional minimum 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 10 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 Circumstance for Reduced Charges
On the flip side, if we can show some sort of mitigating circumstance or if we can show a situation where it really shouldn't be charged as a felony, then we can try to get the Penal Code Section 245 reduced down to a misdemeanor, because assault with a deadly weapon is a wobbler.
It can be filed as a felony or a misdemeanor. As long as you're not convicted of a felony, you're in a much better position. You're unlikely to go to jail. 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 weapon, then that's a strike.
So, then you'd have a violent felony on your record and you'd be looking at prison time and a much higher percentage of time served because of the strike aspect related to 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 individual be facing that's hit with the felony or the misdemeanor?
The maximum on a misdemeanor assault with a deadly weapon is a year. A year in the county jail right now, especially with the virus, is a very small amount of time 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 huge difference.
Factors Considered by Prosecutor
Some of the factors that the prosecutors are going to look at is:
- 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? W
- were you trying to do some other criminal activity?
They're going to look at all of these factors and really what they're assessing is, how dangerous were you and are you to the public. The more dangerous you are perceived to be, the more likely they're going to charge it as a felony, seek prison time and make you take a strike on your record.
Criminal Defense for California Weapons Crimes
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 cases in the Lancaster court. If you need help, pick up the phone. Ask for a meeting with Ron Hedding.
I'll put my experience to work for you — my experience as a former prosecutor in the early 1990s, working for a Superior Court judge, and finally, for the last 27 years, as a criminal defense attorney defending people just like you.
Hedding Law Firm is a top-rated criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
We serve clients throughout all Southern California Courts, including LA County, Orange County, Ventura County, Santa Monica, Riverside, and San Bernardino. Contact us for a free case evaluation at (213) 542-0979.