What is the average sentence for assault with a deadly weapon

If a semiautomatic firearm was involved, the maximum sentence goes up to nine years, and if a machine gun or assault weapon was involved, the maximum sentence goes up to twelve years.

An ADW conviction is a strike if great bodily harm was inflicted, if the victim was a law enforcement officer, or if a firearm was involved. A conviction for assault with a deadly weapon that constitutes a strike means that if you are charged in the future with any felony in California, you will face double the normal sentence for that felony if you are convicted.

And if you accumulate three convictions that are strikes under California law, your sentence for the third conviction will be 25 years to life in a California state prison. Obviously, no one can afford to be convicted of assault with a deadly weapon in this state. Anyone who is charged with ADW in southern California will need an experienced Orange County criminal defense attorney to explain and protect your rights and to fight aggressively on your behalf.

Even if no one was in fact injured, a defendant could still be convicted of assault with a deadly weapon in California simply for making an attempt to injure someone with a deadly weapon. A California defense lawyer might represent an ADW defendant by arguing that no actual deadly weapon or physical force was in fact used, that a defendant acted in self-defense or in the defense of another, that the action was not willful or intentional, that the defendant has been misidentified, or that the entire story was a fabrication.

To discuss how our skilled Seattle criminal defense attorneys from Emerald City Law Group can help you, contact us online or call to schedule a free consultation. If you are accused of harming or attempting to harm another person with a gun or other potentially deadly weapon, then you will face assault charges, either in the first, second, or third degree. Whether or not you have been arrested or indicted yet, you should contact a Seattle criminal defense lawyer to protect your rights and defend you.

If you have been arrested or indicted for first-degree assault, you need to contact a deadly weapon assault attorney as soon as possible. Our Seattle criminal defense attorneys at Emerald City Law Group are ready to thoroughly investigate your case and defend you against overly aggressive prosecutors. Second-Degree Assault You may also be charged with assault in the second degree. Under RCW 9A. In most circumstances, second-degree assault is a Class B felony. However, if there is evidence that the assault had a sexual motivation, you will be charged with a Class A felony.

You also may be charged with third-degree assault if, with criminal negligence, you cause bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm. This is a Class C felony. While second- and third-degree assault are technically lesser crimes than first-degree assault, they should not be taken any less seriously.

Your response to any assault charge involving a firearm or other weapon should be to call a deadly weapon assault lawyer immediately. If you are accused of having a gun on your person during an assault, this will count as a deadly weapon. The law specifically states that the gun does not have to be loaded.

However, other objects, from knives to more mundane things, can also count as deadly weapons. Simply put, to aggravate a crime means to make the crime more serious. Assault with a deadly weapon is considered to be a felony crime in most states, although this could also vary from state to state. To reiterate, it is important to remember that the weapon does not have to actually cause physical harm to another person in order for the crime to be considered assault with a deadly weapon.

An example of this would be if someone points a gun at another person and threatens to pull the trigger, but does not do so. The person wielding the gun has potentially committed the crime of assault with a deadly weapon. This would be due to the fact that the victim most likely felt seriously threatened, and feared for their life.

Other examples of assault with a deadly weapon may include, but not be limited to:. The courts must review every case on its own merits, which means on a case by case basis. This is because the court must determine how exactly the potentially deadly weapon was used, as well as how it was perceived by the victim. These factors will obviously differ from case to case, and can often be difficult to determine. When ruling on cases involving assault with a deadly weapon, the courts will consider state laws as well as the evidence presented to them regarding the case.

The courts will also consider whether there is a valid defense for the use of the deadly weapon. Alternatively, the court may need to determine whether a deadly weapon was actually used at all during the assault. Some of the possible defenses to assault with a deadly weapon may include:. The consequences of an assault with a deadly weapon charge will vary from state to state, as well as whether the crime is considered to be a felony.

Further, if no valid defenses can be applied to the charge of assault with a deadly weapon, serious consequences may result. Courts across the United States consider the crime of assault with a deadly weapon to be particularly serious. As previously mentioned, some courts consider assault with a deadly weapon to be an aggravated assault. Additionally, assault with a deadly weapon is considered to be a felony crime in most states because it is a crime that involves violence. Generally speaking, jail time for assault with a deadly weapon consists of one year or more to be spent in a federal prison facility.

In some states, assault with a deadly weapon is a wobbler. Meaning, it may be charged as a misdemeanor or felony, depending on the facts of each specific case. Given the risk that you may be sentenced to prison if convicted of assault with a deadly weapon, you should do everything you can to fight the charges that you face.

Even if you are guilty, our experienced criminal defense attorneys can raise defenses that could result in the charges being dismissed or reduced to a less serious offense. To learn how we have helped other clients facing criminal charges and how we can assist you, call our office to schedule your free case review today. Phone: What are assault with a deadly weapons charges that I could face in North Carolina?

There are three general assault and battery crimes: Assault and battery that involves physically injuring someone else Assault, which can be an attempt to commit an assault and battery, or a show of force when it appears that an assault is imminent Affray, which is a fight between two or more people, in a public place that puts others in fear There are a number of specific misdemeanor assault and battery offenses that are considered more serious, and the charge is a Class A1 misdemeanor rather than the less serious Class 2 misdemeanor charged in many simple assault cases.

There are two levels of assault charges, and both involve these elements of the crime: Serious injury. Although not defined in the criminal statute, an injury is considered a serious injury if it requires medical attention whether or not the victim actually receives medical treatment.