Chula Vista ADW Assault With a Deadly Weapon Attorney
Have you been charged with Assault With a Deadly Weapon per CA Penal Code Section 245(a)(1)pc? If so you need to seek legal counsel immediately, and that means contacting The Law Office of David Gutierrez as soon as possible.
What is Assault With a Deadly Weapon?
Assault With a Deadly Weapon or ADW (also known as aggravated assault) is an assault that is committed with any kind of deadly weapon or by using force which can cause great bodily injury to another individual.
It is not required that you actually use the weapon for its intended use or that you actually cause the harm. The simple fact that you could have is enough to get you charged.
A charge of ADW is what is known as a “wobbler.” This means that prosecutors can either charge the individual with a misdemeanor or a felony depending on the situation and the circumstances. The choice to file as either a misdemeanor or a felony depends primarily on the type of weapon used to commit the ADW, whether or not the victim of your assault was actually injured (and how badly) and who the victim is.
ADW is one of those accusations that many innocent individuals are accused of. A lawyer worth their salt can work through the details of an ADW case in order to build the strongest case possible. A good Chula Vista Criminal Defense Attorney can determine if the perpetrator of the ADW acted maliciously or if it was self-defense or without the intent to actually harm anyone.
Mind you, proving a person to be innocent, or lowering the charges depends on whether or not prosecutors can prove that you actually assaulted the person as well as proof that the assault was committed with a deadly weapon or potentially harmful force and that the claim wasn’t an exaggeration on the victim’s part.
The Difference Between Assault and Battery
While oftentimes Assault and Battery are lumped together as one term, they are not always the same thing. In fact, depending on the circumstances and individual can be accused of Assault AND Battery or Assault OR Battery.
Technically, assault is the attempt to harm another individual (regardless of whether or not the harm actually occurred. Battery on the other hand is actual physical contact that results in physical harm to the victim. The reason that these two often get lumped together is because more often than not the attempt to hurt the individual does actually result in bodily harm.
If you did commit the assault with a deadly weapon you can be charged with 2-4 years in jail, up to $10,000 in fines, pay for victim restitution, have your weapon confiscated and also receive a strike on your record.
Depending on the harm the other person incurred, the weapon you used or who the individual you attacked was, your fines and prison terms can actually be quite a bit higher.
Why You Need Legal Defense
As you can see, with so much at stake, it is important that you build the strongest case possible to defend yourself against the charges of Assault With a Deadly Weapon. This is especially true if you are innocent of the charges that have been brought against you.
This is why you need to contact The Law Office of David Gutierrez as soon as you have been charged with an ADW to allow the legal team time to build your defense. So contact our office to take the first step in standing up for your rights!