An assault with a deadly weapon (ADW) charge is what is known in the legal field as a "wobbler," and, essentially, what this means is that the type of charge that is brought against an offender (felony or misdemeanor) and its related consequences will always be determined based upon the details of the commission of the crime.
Call us at 805-477-0070 if you face an
assault with a deadly weapon charge
We can provide you with a free case evaluation.
Factors such as the type of weapon used and its potential to actually inflict harm are always considered whenever an ADW charge is made. And that is because these elements, in conjunction with the victim's perception of their actual vulnerability to violent injury, play a pivotal role in the establishment of the charges that will be presented before the court.
An assault with a deadly weapon charge can be processed as either a felony or misdemeanor in the state of California, and the type of crime that an offender will face will be determined by the following:
- The type of weapon or instrument that was brandished or implemented, during the commission of the crime
- Whether or not the targeted individual or any other person was injured as a result of the assault
- The severity of the injuries sustained by any victim of the ADW
- The rank or status of the individual who sustained the injuries - assaults against "protected" persons such as policemen or firefighters will always result in more severe penalties
- If you are facing an assault with a deadly weapon charge, pick up the phone and call our team today. We can discuss your case during a free consultation and explain how the details of your alleged crime will affect the charges and consequences that you may have to face.
If you are facing a felony ADW charge, a conviction will count against you as a strike in accordance with California's three strikes law. If this is your first strike-worthy offense, we may be able to help you fight to reduce your charges and avoid the negative mark upon your record. If this is your third strike-worthy offense, a solid and aggressive defense may help you avoid a lifetime prison sentence.
It is incredibly important to understand that an assault with a deadly weapon charge can be brought against an offender who has made use of any type of instrument that could be perceived as deadly or utilized in a manner that could inflict severe physical harm or death.
- If a toy gun was utilized in the commission of an ADW, and the victim of the assault believed it was a real gun, the crime can be pursued as a felony.
- If a broken beer bottle was brandished and used in a manner to elicit fear, the crime can be pursued as a felony.
- It is imperative to be aware of the circumstances you are facing and how your rights and freedom will be affected by the current laws – especially when it comes to ADW charges.
If you or a loved one is facing ADW charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
If you have been charged with
assault with a deadly weapon, call 805-477-0070 now.
We can provide you with a free case review.
The Law Offices of David Lehr provides legal representation to individuals facing felony charges of assault with a deadly weapon in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.