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Riverside Assault with a Deadly Weapon Attorney

Contact an Experienced Riverside Assault with a Deadly Weapon Attorney Today (245(a)(1) PC)

Assault with a deadly weapon is a serious criminal offense and the Riverside courts handle these types of matters harshly. If you are convicted of this crime, you face up to four years in state prison and fines of up to $10,000. That is why you should not hesitate to contact the experienced Riverside assault with a deadly weapon attorneys at Wallin & Klarich.

When you are facing charges of assault with a deadly weapon in Riverside County, you need an experienced Riverside criminal defense lawyer who has successfully defended people accused of this crime in the local courts. At Wallin & Klarich, our skilled and knowledgeable Riverside criminal defense attorneys have been successfully defending clients accused of assault with a deadly weapon for more than 35 years. Let us help you now.

Contact our Riverside assault with a deadly weapon attorneys today at (877) 466-5245 for a free phone consultation so we can begin to help you.

Why You Should Choose Our Riverside Assault with a Deadly Weapon Attorneys

By successfully defending clients accused of assault with a deadly weapon for the past 35 years, our skilled criminal defense attorneys at Wallin & Klarich have developed a track record of success in Riverside County. Our strategic and aggressive defense in cases involving assault with a deadly weapon charges has earned our firm numerous awards and achievements, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.

From the moment you hire Wallin & Klarich to defend you against assault with a deadly weapon charges, our Riverside criminal defense attorneys are committed to providing you with the best possible legal defense. Our unwavering dedication to our clients has helped us receive many positive testimonials from former clients, such as the following:

“My wife and I cannot thank you enough for all of your efforts defending our son against assault with a deadly weapon charges in Riverside County. Your law firm has been very helpful and reassuring throughout the entire court process. Your confidence in your own abilities kept us confident during the case, and the results proved your confidence was justified. Thank you very much!”

-W.M.

“My attorneys at Wallin & Klarich handled my case with the utmost professionalism and they showed they know how to negotiate with the district attorney. I was charged with assault with a deadly weapon in Riverside Court, and Wallin & Klarich was able to negotiate with the district attorney and ultimately get my case dismissed. I would no doubt recommend Wallin & Klarich to anyone facing criminal charges in Riverside.”

-A.B.

“Wallin & Klarich made the difference in my case. I firmly believe I would be sitting in jail today if it weren’t for Wallin & Klarich. I can’t thank you and your firm enough for helping me get a favorable result in my assault with a deadly weapon case. Thank you!”

-C.R.

What is the Crime of Assault with a Deadly Weapon in Riverside? (Penal Code 245(a)(1))

Under California Penal Code 245(a)(1), assault with a deadly weapon is when you commit the act of assault through the use of a “deadly weapon or instrument” or by means of force likely to produce great bodily injury. The crime is often referred to as “aggravated assault.”

To truly understand the crime of assault with a deadly weapon, it is important to understand the definition of assault. Defined under Penal Code 240, assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” For more information about assault, visit our Riverside assault page.

There are two aspects of the crime of assault with a deadly weapon: one is that you committed assault, and the other is that you used a deadly weapon during the commission of that assault. Therefore, the prosecution must prove several elements in order to convict you of the crime of assault with a deadly weapon in Riverside. Those elements are:

  • You performed an act that, by its nature, would probably result in the direct application of force to another person
  • You used a deadly weapon to perform that act, or the act was likely to produce great bodily injury
  • You willfully performed the act
  • When you performed the act, you were aware that a reasonable person would believe that the act would directly and probably result in the application of force to another person; and
  • You had the present ability to apply force with a deadly weapon or force likely to produce great bodily injury when you committed the act

If the prosecution cannot prove all of these elements are true in your case, you should not be convicted of assault with a deadly weapon in Riverside. That is where our skilled and knowledgeable Riverside assault with a deadly weapon attorneys can help you.

Our experienced lawyers may be able to show that the alleged action you took does not meet all of the elements of assault with a deadly weapon. Contact our office today at (877) 466-5245 to discuss the facts of your case so we can determine how best to defend you against assault with a deadly weapon charges.

What is a “Deadly Weapon” under PC 245(a)(1)?

In order to convict you of assault with a deadly weapon in Riverside, the prosecution must prove that you used a deadly weapon or force likely to produce great bodily injury during the commission of an assault. So, what exactly is a “deadly weapon?”

Riverside assault with a deadly weapon lawyerUnder PC 245(a)(1), a “deadly weapon” is defined as any object capable of inflicting serious harm to another person. When you think of a deadly weapon, items such as guns and knives may come to mind. However, common household items could also be considered deadly weapons if they are used in a manner likely to inflict harm on another person. For instance, lamps, baseball bats, dishes and even car keys could be considered deadly weapons.

The burden is on the prosecution to prove that you used a deadly weapon. Our skilled Riverside assault with a deadly weapon attorneys will attempt to raise reasonable doubt that the item you used in the alleged incident should be considered a deadly weapon or that you used force likely to produce great bodily injury on the alleged victim.

What Happens When You are Arrested for Assault with a Deadly Weapon in Riverside?

When you or a loved is arrested for assault with a deadly weapon in Riverside County, you or your loved one will likely be held in custody at the jail facility closest to where the arrest took place. To find out how to locate someone who has been arrested in Riverside County, visit our Riverside jail information page.

The first court hearing you will have to attend after being arrested for assault with a deadly weapon is called the arraignment. At this hearing, you will be informed as to the specific crimes you are accused of. In addition, you will be:

  • Informed of any issues relating to bail or release
  • Informed of any future court date
  • Allowed to enter a plea of guilty, not guilty or no contest

Your actions at your arraignment could have serious ramifications on your case. You should consult with our experienced Riverside assault with a deadly weapon attorneys at Wallin & Klarich before your arraignment. Our lawyers will help you prepare for your arraignment by advising you on how to proceed.

Our law firm may also be able to help you save thousands of dollars in bail bonds fees. Find out how bail works in Riverside County and how we may be able to help you save money on bail on our Riverside bail page.

Potential Sentence for an Assault with a Deadly Weapon Conviction in Riverside

Assault with a deadly weapon is a “wobbler” offense under 245(a)(1) PC. Wobbler crimes can be charged as either a misdemeanor or a felony depending on the facts of your case and your prior criminal history.

Facts that prosecutors in Riverside County look at when determining whether to charge you with misdemeanor or felony assault with a deadly weapon include:

  • What type of deadly weapon or instrument you used
  • Whether the alleged victim suffered any injuries and the severity of those injuries; and
  • Whether the alleged victim was a protected person such as a law enforcement officer

If you are convicted of misdemeanor assault with a deadly weapon in Riverside, you face up to 364 days in county jail and fines of up to $1,000.

The penalties for felony assault with a deadly weapon depend upon whether you used a firearm or another deadly weapon:

    • Felony assault with a deadly weapon that is not a firearm is punishable by two, three or four years in state prison and fines of up to $10,000
    • Felony assault with a deadly weapon involving a firearm is punishable by three, six or nine years in prison and $10,000 in fines
    • If you used a machine gun, assault weapon or .50 BMG rifle, you face four, eight or 12 years in prison for felony assault with a deadly weapon

These are harsh penalties that could impact you for the rest of your life. You do not have to face these charges alone. Contact our skilled Riverside assault with a deadly weapon attorneys at (877) 466-5245 so we can help you fight the charges against you.

Defenses to Assault with a Deadly Weapon Charges in Riverside County

Our criminal defense lawyers at Wallin & Klarich have been successfully defending clients facing assault with a deadly weapon charges in Riverside County for more than 35 years. Here are some of the valid legal defenses our assault with a deadly weapon lawyers have used to help our clients obtain favorable outcomes in their cases:

  • Self-defense – In Riverside, it is legal to use self-defense in order to protect yourself or another person from an unlawful touching, injury or death. It is important that you know that this defense is only valid if you used no more force than was reasonably necessary to defend against immediate danger. For instance, self-defense may not be a valid defense if you shot someone after he or she tried to slap you.
  • Lack of intent – You must willfully perform an act of assault with a deadly weapon in order to be convicted under PC 245(a)(1). Your assault with a deadly weapon attorney may have a valid legal defense if the incident was the result of an accident or misunderstanding.
  • No present ability to commit assault – Assault with a deadly weapon requires that you had the ability to use force against the alleged victim. If you were not present at the time of the alleged incident or you were incapacitated in some manner, your Riverside criminal defense lawyer may be able to argue that you did not have the present ability to commit assault with a deadly weapon.
  • You did not use a deadly weapon or force likely to produce great bodily injury – If you did not use a deadly weapon or force likely to produce great bodily injury, your lawyer will raise this valid legal defense to charges of PC 245(a)(1).

When you hire Wallin & Klarich to defend you against assault with a deadly weapon charges, we ask that you share all of the facts of the case that you can remember. We will then review the facts of the case as well as all the evidence available and determine the best legal strategy to defend you.

Call an Experienced Riverside Assault with a Deadly Weapon Attorney at Wallin & Klarich

Our skilled Riverside criminal defense attorneys have been successfully defending clients facing assault with a deadly weapon charges for more than 35 years. Our experience in the local Riverside courts and relationships with the judges and prosecutors in those courts helps us provide you with the best possible legal defense to assault with a deadly weapon charges. Let our Riverside assault with a deadly weapon attorneys help you now.

Our office can be found right across the street from the Riverside courthouse. The office is located at:

Wallin & Klarich: A Law Corporation
4229 Main St. Suite A/B
Riverside, CA 92501

Contact our law firm today at (877) 466-5245 for a free phone consultation regarding your assault with a deadly weapon case.

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wklaw
4229 Main St.
Suite A/B

Riverside, CA 92501
(714) 730-5300

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