Assault with a Deadly Weapon
California Penal Code 245(a)(1) PC
Riverside criminal defense attorney and former Riverside Deputy District attorney, Joseph Galasso defends clients accused “Assault with a Deadly Weapon” a law legally defined by Penal Code 245(a)(1) PC.
If you have been accused of assault with a deadly weapon you already know that this is a very serious matter. You should take your situation very seriously. You should seek out an experienced Riverside criminal defense attorney who handles assault with a deadly weapon cases to answer all your questions.
A conviction for an “assault with a deadly weapon” can change your life. If convicted, not only do you chance up to 4-years in state prison, and a $10,000 fine, your criminal record will cost you work and career issues for your entire lifetime.
Assault with a Deadly Weapon
Assault with a Deadly Weapon — (not a firearm) California Penal Code Section 245
Regardless of the picture of a firearm above, virtually anything can be used as a “deadly weapon.” For example, a beer bottle, bat, stick, rock, lamp, or even an automobile could be deemed a deadly weapon. If the prosecutor believes you assaulted another person with anything deemed a “deadly weapon” other than a firearm in such a manner likely to produce great bodily harm, you can be charged with a felony. Penalties for assault with a deadly weapon, that does NOT INVOLVE a firearm, is a felony in California. If convicted, you could be punished by up to 4-years in state prison and fines up to $10,000.
You may be charged with this serious felony if the court believes you assaulted another person with a deadly weapon other than a firearm in a manner likely to produce great bodily harm,
Assault with a Deadly Weapon (with a Firearm)
Assault with a Firearm: California Penal Code Section 244
Unlike “assault with a deadly weapon”, assault using a firearm does NOT have to be committed “in a manner likely to produce bodily harm”. Just possessing a firearm during an assault is not only a felony, having a firearm can raise your potential sentence significantly. You do not want to be convicted for ‘assault with a firearm’ if your attorney can have the charge thrown out or reduced. You should, when at all possible, fight this charge vigorously if circumstances are in your favor.
Talking your specific ‘assault with a firearm’ charge over in confidence with a Riverside criminal defense attorney is a good start to find out what options you might have that you never considered. Call Joseph Galasso at (951) 225-4130.
Assault with a firearm, a serious felony, comes with a possible $10,000 fine and 4-year prison sentence.
Assault with a Deadly Weapon in Riverside County
People are often charged with ‘Assault with a Deadly Weapon’ based on the statements made to authorities from a specific person. If you find yourself accused of harming (or intending to harm) a person based on a person’s statement, what about YOUR side of the story? Obviously, there are two sides of every story. Sometimes law enforcement officers seem to have tunnel vision to the “victim’s” story – account of what happened (or almost happened). An assault charge based on a one-sided story often ends up putting innocent people in jail or prison, or overcharging you when a good attorney could get your charges reduced or even dismissed. Make sure you have someone to tell your side of what happened — to advocate on your behalf.
One reason police officers and prosecutors rush to judgement is if you have any sort of criminal record. Similarly, there are situations where a seemingly small, vulnerable female makes a claim against a larger, more powerful male. Assumptions are made. It is critically important that you contact a Riverside criminal defense attorney who has experience in handling Assault with a Deadly Weapon cases.
An Attorney is a Better Spokesperson for You than You Are!
An attorney is a better spokesperson for you than you are! If you don’t understand how the criminal justice system really works, please watch the video: Never Talk to the Police.
Agreeing to an interview with detectives, or even to give a phone statement (of your story) is NEVER a good idea. If you are raising your eyebrows, I encourage you to watch that video!
As your attorney, I have a far better opportunity to tell your story to the right people if you are not yet formally charged. If your case is further along, I will almost always be a better person to tell your story than you. Before or after charges are filed, it is always my earnest attempt to have your charges dismissed or reduced. Your side of the story matters!
Call an Experienced Criminal Defense Attorney
If you have been charged with Assault with a Deadly Weapon, it is in your best interest to:
(1) – DO NOT voluntarily speak with the police, and
(2) – DO consult with a Riverside Criminal Defense attorney as soon as possible.
Call me, Joseph Galasso, a former Riverside Deputy District Attorney – and now a private Riverside Criminal defense attorney defending those accused and charged with crimes. I offer a NO cost, FREE consultation to see if we are a good fit.