April 19, 2022 By Wallin & Klarich

Have you been accused of assault with a deadly weapon but aren’t sure how or why? Was the weapon allegedly used just an everyday object? Unfortunately, the prosecution can convict you of assault with a deadly weapon for using an ordinary object like a pencil to assault someone, even if the alleged victim never suffered any injury or harm. This is one of the many reasons that you should contact our skilled criminal defense lawyers at Wallin & Klarich immediately if you’re being accused of assault with a deadly weapon in Riverside County. a pencil can be considered a deadly weapon if used to assault somebody

We’re sure you have many questions such as: What is considered a deadly weapon? Can the prosecution really charge me with ADW for using a harmless object? How much jail time am I facing? Is there any way to get aggravated assault charges dropped in Riverside County? Let’s go over the answers to these questions and the ways our attorneys can help you avoid an aggravated assault conviction in Riverside.

What Is A Deadly Weapon?

When most people think of assault with a deadly weapon, images of knives or guns come to mind. However, the law considers many objects to be deadly weapons. Even though some of them may seem harmless or innocent, almost any object can be used as a deadly weapon when used in a certain way or with enough force applied. A quick google search of ADW in California provides endless examples of people charged with aggravated assault for using ordinary objects to assault other people. Here are a few examples of actions that resulted in ADW charges covered in recent crime news stories throughout California:

  • Woman rams her car into another vehicle at McDonald’s in road rage incident
  • Teens charged after shooting high power water bead gun 
  • Suspect charged after attacking an older man with a coffee cup 
  • Man swings plywood board at another man and charged with ADW
  • Man uses the floor as a deadly weapon to smash the alleged victim’s head 

As you can see, any object capable of producing great bodily injury or death is considered a deadly weapon in Riverside County, as well as all of California. A boot, rock, bottle, crowbar, dog, and even a high heel shoe could be considered deadly weapons. 

Note: If you used a gun during the alleged assault, you’ll face a charge for assault with a firearm under PC 245(a)(2, which comes with more severe penalties if convicted. 

What Prosecutors Must Prove For ADW Convictions

The prosecution takes into account your criminal history and the details of your case when deciding whether to charge you with a misdemeanor or felony. To convict you of ADW, the prosecution must prove that you:

  • Committed an act or actions that would likely result in the direct application of force on another person; 
  • Intentionally or willfully committed the act or actions;
  • Understood that your actions would most likely result in applied force to another person; and 
  • Had the present ability to apply force with one of the following during the assault
    • a deadly weapon
    •  force likely to cause “great bodily injury”

How Wallin & Klarich Can Help You 

If the prosecution convicts you of ADW in Riverside, you could be sentenced to two, three, or four years in prison and a “strike” on your record for a felony or a year in the county jail for a misdemeanor. Our skilled attorneys aggressively fight to get your aggravated assault charge dropped or reduced. If you are facing a felony, we talk with the prosecution and ask them to lower your ADW charge to a misdemeanor, which dramatically reduces the jail time you’re facing. However, if you’re falsely accused, our legal investigators will gather evidence to prove your innocence. Rest assured, we’ll lay out all available options, along with the possible outcomes, so you remain involved in your defense and make well-informed decisions. 

Throughout our 40+ years representing clients facing ADW charges in Riverside County, our criminal defense attorneys at Wallin & Klarich have refined their legal skills to present a wide variety of effective defenses to an assault with a deadly weapon charge. With thorough investigation strategies, we are able to spot the strengths in your case, as well the weaknesses in the prosecution’s strategy, to build a solid defense strategy. We offer flexible payment options to make hiring an experienced Riverside attorney affordable for you. Don’t settle for average representation with your future hanging in the balance. Contact us today for your free consultation!

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