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Assault with a Deadly Weapon

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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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Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.

Schedule a Free Consultation

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.

assault with a deadly weapon

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.

Get Legal Help Today.

Phone: 559-691-6222
Email: mark@FresnoCriminalLawyer.com

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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.

10.0Mark A. Broughton
fresno lawyer

Your Defense Attorney for Assault 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.

10.0Mark A. Broughton
Mark A. BroughtonReviewsout of 23 reviews

About Mark Broughton:

Compassionate, highly experienced, exceptional reputation, ethical and honest:

Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.

He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.

Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.

Other Qualifications:
  • Certified Specialist Criminal Law, State Bar of California
  • Board of Trustees, State Bar of California
  • Chairman, Fresno County Bar Association, Criminal Law Section

Mark Broughton enjoys close relationships with his clients.  He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.

Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.

Practice Areas

  • Federal Crime 40%
  • White Collar Crime 20%
  • Violent Crime 20%
  • Criminal Defense 10%
  • Sex Crimes 10%

Related Areas of Practice:

Aggravated Assault

Aggravated Assault

Violation of Restraining Order

Violation of Restraining Order

Criminal Threats

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Murder

Murder

Domestic Violence

Domestic Violence

Gang Crimes

Gang Crimes

Rape

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Violent Felonies

Violent Felonies

Aggravated Assault

Aggravated Assault

Violation of Restraining Order

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Criminal Threats

Criminal Threats

Murder

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Domestic Violence

Domestic Violence

Gang Crimes

Gang Crimes

Rape

Rape

Violent Felonies

Violent Felonies

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