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Assault with a Deadly Weapon

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Mark Broughton > Violent Crimes > Assault with a Deadly Weapon > Assault with a Deadly Weapon

What is Assault with a Deadly Weapon?

Assault with a deadly weapon is assault committed either with a “deadly weapon” or with a force that would likely result in great bodily injury. The elements of this crime include:

  • The act performed would, by its nature, most likely result in the application of force to another person
  • The act was performed with a deadly weapon or the act performed would result in a force that would most likely cause great bodily injury
  • The act was performed willfully
  • The defendant was aware that his or her actions would result in applying force to someone else
  • The defendant was capable of applying force with a deadly weapon or force that would cause great bodily injury to someone else when he or she acted


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Penalties for Assault with a Deadly Weapon

The penalties for assault with a deadly weapon is a wobbler, meaning it can be charged as a misdemeanor or a felony depending on the circumstances of the case. These factors affect whether it is charged as a misdemeanor or a felony.

  • The type of weapon used
  • The alleged victim suffered injury and how severe it was
  • Who the victim was (peace officer)

When charged as the felony the penalties are more severe, but they both include imprisonment and high fines. Cases prosecuted in federal court could face much more severe punishment.

Legal Defenses for Assault with a Deadly Weapon

In order to be guilty of assault with a deadly weapon, you have to have used a deadly weapon or used force that was likely to result in great bodily injury.

In order to use the self-defense legal defense all of the following have to be true:

  • You reasonably believed that you or someone else was in danger of being assaulted or touched
  • You reasonably believed that it was necessary to use force to defend yourself or someone else from that danger
  • You didn’t use any more force than was necessary to defend yourself or someone else from that danger

You have to have willfully tried to touch someone or had the intent to do so to be guilty of assault. If you turned around suddenly and almost hit someone in the process, that is not assault.

It’s very easy to accuse someone of assault since there doesn’t have to be any touching or injury involved. False accusation come out of anger, jealousy, or possibly revenge. A good criminal defense lawyer will know how to get to the truth.

Have you been legally accused of committing assault with a deadly weapon? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Your Defense Attorney for Assault with a Deadly Weapon Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Crimes such as Gang Crimes, Gun Charges, Domestic Violence, and Kidnapping to name a few.

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