For those people who are charged with California Penal Code 245(a)(1) PC assault with a deadly weapon (ADW), they're looking for help because it's a severe crime.
If the charge is classified as a felony, it's not just a legal issue; it's a strike or a violent felony. It could remain on your record for the rest of your life, particularly in California. This underscores the importance of ensuring the case is managed appropriately.
With a career spanning over 30 years, I've had the privilege of handling numerous cases like these. This experience has equipped me with unique insights and strategies often only known to seasoned criminal defense attorneys.
One thing is, instead of being convicted of a felony, you could be convicted of a misdemeanor. Then, it would not be a strike. It's something we can eventually get dismissed off your record.
Even if you're guilty of the case, there are ways to avoid that felony conviction. Some of the facts the prosecutors will look at in these assault with a deadly weapon case is the following:
- What type of weapon was it?
- Was anybody injured?
- What are the facts and circumstances surrounding the scenario?
- What does your prior criminal record look like?
What Does the Law Say?
According to PC 245(a)(1), "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.'
(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as described in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
(4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or instrument other than a firearm or by any means likely to produce significant bodily injury upon the person of a peace officer or firefighter and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
(d)(1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a case involving the use of a deadly weapon, instrument, or firearm, and that person owns the weapon or instrument or firearm, the court shall order that the weapon or instrument or firearm be deemed a nuisance. It shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.
(f) As used in this section, "peace officer" refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2."
Developing a Case Strategy
You need a lawyer to champion your rights. We have you come in, sit down, and go over all of the facts and details of the case, and then we will get a plan together. We use some of the knowledge I have regarding these types of cases. Another thing that can be done in an assault with a deadly weapon case is to defend it.
Sometimes, you have a defense. Maybe you're not the person who did whatever is being claimed was done. Perhaps it's self-defense or a defense of others. Somebody pulls a weapon on you. You're able to defend yourself reasonably.
So, we must examine your case's facts and circumstances before employing some of these secrets and defenses. What you're looking at is if you're charged with a crime and if you're guilty of a crime, there are still ways to avoid that assault with a deadly weapon conviction.
We can get some other charge that does not have the same horrible ramifications as an assault with a deadly weapon - that is not a strike - that does not subject you to prison and all of the other things that come along with that.
What we need to do is look at you - what type of a job you have - what kind of a criminal record you have, and then we can start to put you in a category of where you should be dealt with versus where the prosecutors are likely going to try to deal with you. That takes experience. That takes figuring out what the scenario is.
I've had a number of these cases filed. They've been over-filed. The person shouldn't be charged with assault with a deadly weapon. A lot of times, the person has a reason they did whatever they're claiming was done, causing them to be charged with a crime.
We have to get down to the bottom line of what happened, why it happened, and what can be done to defend it properly. That's done on a case-by-case basis. We look at you and who you are and decide how to defend you best.
If you need the best if you're charged with assault with a deadly weapon and trying to figure out how to avoid that conviction, pick up the phone now and ask for a meeting with Ron Hedding. I stand ready to help you.
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