45+ Years Criminal Defense
Experience in California
Over 30 Years Experience in Orange County
Under California Penal Code Section 245, an assault with a deadly weapon, otherwise known as an aggravated assault, is committed with the use of an object that is likely to cause death or great bodily injury to another. This crime is more serious than simple assault, which California Penal Code Section 240 describes as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. It is this use of a deadly weapon or force that distinguishes aggravated assault.
To be convicted of assault with a deadly weapon in California, the prosecution must prove beyond a reasonable doubt that you assaulted another person and that you did so using a deadly weapon or other means of force that is likely to result in death or great bodily injury.
A deadly weapon is any object (not part of your body) that is capable of being used to inflict serious damage to a human body. Other than the typical guns and knives, deadly weapons include ordinary objects like bottles, pens, rocks, or even your car.
If the prosecution is successful in proving the elements of this offense, you can be sentenced to serve a maximum term of 9 years in state prison and/or a fine of $10,000. While the more serious penalties are incurred if the crime is charged as a felony, if your case is filed as a misdemeanor, the penalty may be up to 1 year in county jail and/or a fine of $1,000.
If you are charged with aggravated assault, you may have certain defenses available to you. An experienced criminal defense attorney can argue that you were simply acting in self-defense; that the victim consented to the assault; or that you are factually innocent and the accusations are false or inaccurate. If these defenses are effectively argued, the charge against you may be reduced to a lesser crime or dismissed altogether.
At Wallin & Klarich, our assault attorneys have over 40 years of experience successfully representing clients who were charged with assault with a deadly weapon. Drawing from their extensive years of experience, we will meticulously review your assault charge and develop a defense strategy to help you achieve the best possible results.
Call us today at 877-385-4938 for a free consultation. We will see to it that your rights are protected in a court of law, and that your innocence ultimately prevails.
“I was charged with 3 Felony Counts for aggravated assault with a deadly weapon and great bodily injury – all serious and violent strikes. I was facing the possibility of many years in prison. My attorney David Cohn believed in my innocence and fought hard for my freedom. After fully discussing the factual details and legal defenses of my case with me, he advised we should take my case to preliminary hearing. He explained this option would be more beneficial than to settle for a plea bargain that would land me in jail with a criminal record. He was very confident that we had some powerful legal and factual defenses.
Mr. Cohn was fully prepared for the preliminary hearings. He advised me that the prosecution’s burden of proof at prelim was very slight. Thus, it would be a very difficult task to get the charges dismissed at the prelim. After Mr. Cohn cross-examined five witnesses and presented his arguments to the court, the judge dismissed all charges pending against me! I am very grateful and thankful for Mr. Cohn’s hard work and dedication to my case. Thank you Wallin & Klarich.”
– N.L.
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“I recently retained your law office for my son Scott, who was convicted of felony counts of assault with a deadly weapon. From my initial call, I was treated with professionalism and compassion. Your prompt response to every email and phone call showed us you cared about my son’s case. Our assigned Wallin & Klarich attorney was impeccably professional, and he treated us on a very personal level. His expertise in assault cases helped reduce my son’s sentence for which we are forever grateful.”
– S.W.
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“Recently I used the services of attorneys at the law firm of Wallin & Klarich. I was referred to this law firm by CTA after my arrest. A student alleged that I had assaulted him, and I was subsequently arrested. In my initial consultation with Mr. Klarich the allegations were discussed, and I retained the services of Wallin & Klarich. I was facing misdemeanor charges, which could have resulted in one year’s incarceration in the County jail in addition to fines and to the end of my teaching career. In spite of the seriousness of the situation, I felt confident that my case was in the hands of competent and knowledgeable attorneys. My attorney spoke with me, responded promptly to my calls, and kept me informed of all actions and the status of my case. My attorney met with the District Attorney on several occasions and spoke with the investigating detective. Due to the ongoing and persistent efforts by Wallin & Klarich, no charges were ever filed and no Court appearance was required. I will strongly recommend Wallin & Klarich to anyone facing criminal charges.”
-A.Z.
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