Assault With Deadly Weapon Attorney Stockton
Are you facing charges for Assault with a Deadly Weapon? If so, you need to get an experienced attorney on your side immediately. Here at the Law Offices of Armando Villapudua we can help you fight for your best possible outcome.
Assault with a Deadly Weapon Explained
Assault with a Deadly Weapon (ADW) is also commonly referred to as aggravated assault; this is a type of assault that is committed with a deadly weapon or by using force, which causes great bodily injury to another person.
You do not actually have to use the weapon for its intended use or even cause harm. You can be charged by just having the weapon in your possession.
We refer to ADW’s as a “wobbler”. This is because the prosecutor has the option of charging you with a misdemeanor or a felony based on the situation. Usually, they make the decision by taking into consideration the type of weapon used and how bad the victim is injured. In addition, they may consider who the victim is.
ADW is something that many innocent individuals are accused of. If you are charged with this crime, we highly suggest that you contact a reputable lawyer to insure that you have the strongest defense possible. A good lawyer can determine if this was self-defense or if there was an intention to harm the individual.
Keep in mind in order to prove that a person is innocent or to have the charges lowered is dependent on whether the prosecutors are able to prove that the alleged person intended to harm the individual. It has to be proved that the victim was not exaggerating.
Differences between Assault and Battery
Usually assault and battery is classified as the same thing. However, they are not always the same thing. Sometimes an individual can be charged with assault while other times they are charged with battery.
Assault means that someone attempted to harm someone regardless of if the harm took place or not. Battery means that physical contact actually took place that harmed the victim. The reason they are usually classified as one is that usually when someone attempts to hurt someone they actually do.
If you are guilty of an AWD, you can spend two to four years in jail, pay up to $10,000 in fines, pay the victim restitution, have your weapon taken, and receive a strike on your record. Furthermore, depending on the type of harm you caused the victim and who they were you could have steeper penalties.
Reasons to Seek Legal Counsel
There is a lot at stake when you have this charge so you want to make sure that you have the strongest case possible. The only way to have the strongest defense possible is to have an experienced criminal defense attorney on your side.
We suggest that you contact us immediately. This will give us a good amount of time to build up your defense and make sure you have the best possible outcome possible.