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The crime of assault with a deadly weapon, commonly known as ADW, is defined under California Penal Code Section 245. Without adequate legal representation, you can find yourself overwhelmed with the criminal justice system, fall victim to having your rights violated, and lose out on the chance of escaping conviction. In other words, the injury to another was simple negligence. An example of a simple assault with a deadly weapon that classifies as an A1 misdemeanor would be during a baseball game between friends, one person swings the bat and hits another person with it instead of hitting the ball. Other possible defenses are that the defendant's actions were purely accidental and that he had no criminal intent; or an insanity defense, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior or to understand what he was doing or that his actions were unlawful. During a game, the two get into a bad argument. She throws several rocks (deadly weapons) at him in anger. I had a Speeding ticket and they resolved it positively with no The lesser charge of assault with a deadly weapon is a Class A1 misdemeanor in North Carolina. Felony ADWis punishable by imprisonment in state prison for up to four years. For purposes of this statute, a deadly weapon is: This definition includes the obvious lethal weapons such as: But other objects can be deadly weapons if they are used in a way that could: California law defines great bodily injury as: This means somethinggreater thanminor harm.13. Penal Code 399 PC is Californias criminal law on failure to control a dangerous animal. A. Assault With a Deadly Weapon - CriminalDefenseLawyer.com They represented me in Court and by midday on the Court date, Shouse Law Group has wonderful customer service. In the following situations, however, aggravated assault will be charged as a first -degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. In an example of affray with a deadly weapon, two or more people get into a public fight outside a bar or sporting event. I got a speeding ticket for going 17 over. Assault with a deadly weapon is a crime in which you attack or threaten someone with a dangerous weapon or object. Of course, any defense would be based on the specific facts and circumstances of your case. Our law offices serve clients in Los Angeles and throughout California. attacking a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. In addition to the assault charge, Jamie Nino, 42, of Kirtland, was charged of reckless driving, two counts of passing . You can potentially get ADW charges dropped by asserting a legal defense. Assault is a serious charge and should be taken as such, but when an assault charge is elevated to a charge of assault with a deadly weapon your legal troubles become more complicated. In an aggravated assault, if the act was committed intentionally, the penalties are higher than if the assault was committed recklessly. If the defendant used a firearm in the commission of the crime, the law might impose sentencing enhancements or mandatory minimum sentences. Under California law, a prosecutor must prove the following to convict you of ADW: Note that the victim of an ADWdoes not have to get injured for a criminal charge. [1] If you're charged with the Misdemeanor form of 245 (a) (1), you face up to one year in a county jail, a fine of up to $1,000, or both a fine and imprisonment, while the Felony form can result in a term of four years in state prison and a fine of up to .