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Orange County Assault With a Deadly Weapon Attorney

Assault With a Deadly Weapon

Considered to be more serious than simple assault, using a deadly weapon will increase the complexity of the case as well as the punishment. It should be noted however, that what you believe to be a deadly weapon does not necessarily need to be an actual weapon. For example a pencil, if used dangerously, will satisfy the "deadly weapon" aspect of the charge. It should also be noted, that assault with a deadly weapon can be charged both as a misdemeanor or a felony. Because of this, the range of punishment can be quite small or quite large.

Defense to Assault With a Deadly Weapon

To defend oneself against this charge, it must be shown that the alleged act was either in self-defense or in the defense of another. It can also be shown, there was never any act at all, but that the allegation had originated from either a misunderstanding or a false accusation. Additionally, if the evidence presented showed that no weapon was involved at all, then it is then possible that a simple assault was committed rather than the allegation at hand.

Law of Assault With a Deadly Weapon

To prove this charge, it is best to start with what a deadly weapon can actually be. Under the law, a deadly weapon is any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing or likely to cause death or great bodily injury. Therefore, to prove this allegation in front of a jury, the state must show that the defendant did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person. Next, the defendant must have acted willfully. To act willfully, means to do something willingly or on purpose. But, it is not required that that person intended to break the law, hurt someone else, or gain any advantage. Additionally, when the defendant acted, it must be shown that he was aware of facts that would lead a reasonable person to realize that the act by its nature would directly and probably result in the application of force to someone. Finally, it has to be shown that when the defendant acted, they had the present ability to apply force, and that their act was not in self-defense or in defending someone else.