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In California, assault with a deadly weapon could result in harsh criminal penalties. Due to the severity of the assault with a deadly weapon sentence and punishment under Penal Code 245, it is vital that you contact an attorney who is dedicated to giving you the best representation possible. Pat Carey has experience filing, prosecuting, and taking to trial assault with a deadly weapon cases.
The assault with a deadly weapon sentence and punishment depend on whether the offense is charged as a misdemeanor or felony. Assault with a deadly weapon is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts of your case. In making this determination, the prosecution will consider various factors such as the type of weapon you used to commit the offense, the extent of the victim’s injuries if any, and the manner in which the assault was conducted. Whether the offense is charged as a felony or misdemeanor will determine the sentencing and punishment following a conviction.
If you are convicted of felony you could be facing an assault with a deadly weapon sentence of up to 4 years in county jail and required to pay a fine of $10,000.
There are also several factors that can increase the criminal penalties beyond this range. They include:
If you are found guilty of misdemeanor assault with a deadly weapon using a deadly weapon other than a firearm, you can be sentenced up to a year in jail and required to pay a fine of up to $10,000.
If you are found guilty of felony assault with a deadly weapon using a firearm, the same misdemeanor penalties apply but will include a 6 month minimum jail sentence.
If you are convicted of assault with a deadly weapon and you are found to be the owner of the weapon used during the offense, the court will issue an order that the weapon be deemed a nuisance. This means that the weapon will be confiscated and likely sold at a public auction or even destroyed.
If you are convicted of this crime, the court has discretion in determining your assault with a deadly weapon sentence and punishment in accordance with CA penal code section 245 guidelines. The court has the following options at time of sentencing:
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can increase your sentence up to the maximum time allowed by law.