Assault with a deadly weapon, ADW and aggravated assault are all typically the same offense in California and the charge can be either a misdemeanor or a felony. There are three ways to define the charge.
1. The type of weapon that was used.
2. Were injuries involved and what was their severity?
3. And was the object of the assault on a firefighter or an officer.
The ADW is at the top of the list of assault charges with assault first, battery, aggravated battery and finally, ADW. The possible penalties for these assault charges increase as they progress so that is why consulting with a skilled criminal defense lawyer can assist in finding ways to lower your charges or by pleading for a lesser charge. The penalties for a misdemeanor ADW start with one year in county jail, $10,000, restitution to the victim, weapons confiscated and anger management classes.
For a felony ADW, the penalties in California are two to four years in prison, $10,000 fine, victim restitution, “strike” on record and weapons confiscation. Our defense attorney at Team Innocent is experienced in investigating the details of the charge and finding all the possibilities while comparing them with the state statutes. Fill out a consultation form for immediate advice on your situation.
PC 245(a)(1) reads: "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished