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What Is Assault With A Deadly Weapon?
In most states, assault with a deadly weapon is considered a felony. However, if you seek the assistance of an attorney who can show that you didn’t have an intention or that you were of no part of the assault or that it was in self-defense, then you can sometimes get the charges dropped to a misdemeanor. Any time that you are in a confrontation or involved in a conversation with someone and have a weapon in your hand or threaten that person with a weapon that you can easily reach, then it’s considered assault with a deadly weapon. There are some weapons that are looked at in a harsher manner than others, such as a gun or a vehicle because they can inflict more of a serious injury than other types of weapons might.
Assault with a deadly weapon is a crime that sometimes sees penalties similar to manslaughter or murder because of the actions that you take when committing the crime. There are many times when you might plan to assault someone with a deadly weapon, which can be considered aggravated assault. However, there are other situations where you commit the assault on the spur of the moment, which doesn’t involve any kind of aforethought with the crime. One element that is usually present in this crime is any kind of unwanted contact with the victim. An example of assault with a deadly weapon would be if someone hit another person with a hammer or even a closed fist.
There are numerous states that will consider other types of actions as assault with a deadly weapon. If someone is drunk and drives at a high rate of speed through a neighborhood where people could be outside, then it the person could be charged with assault with a deadly weapon. Another example would be if someone puts another person in a fearful mindset by threatening harm that would be caused by a deadly weapon.
Penalties For Assault With A Deadly Weapon
Once you’ve been charged with the crime, the prosecution will need to offer proof that you used a weapon in the assault. There isn’t a specific kind of weapon that is considered deadly as almost anything could be considered a deadly weapon if it’s used in a manner to harm someone else. The victim doesn’t necessarily have to be injured for you to be convicted of the charge. Unless your attorney can offer enough evidence to have the charges reduced or dismissed, then the crime will likely be punished as a felony. In most states, that means a jail sentence of between two and 30 years depending on the kind of weapon and if there was any contact with the victim. The severity of the injury will also be taken into consideration as well as your criminal background.
Are There Any Defenses?
One of the most common defenses that an attorney will use if you’ve been charged with the assault crime is self-defense. If you can show that you were trying to keep yourself safe or someone else you’re with safe by using a weapon, then doubt could enter into the court, resulting in the dismissal or reduction of your charges. Another defense is that the assault was an accident instead of an action that was planned out.
Help From An Attorney
If you’ve been charged with this crime, an attorney is usually the option that you have to deal with the charges. Your attorney can offer a few defenses depending on what instigated the activity. Your attorney can also give you advice about what kind of plea deal to take and when you should fight against the charges.