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Punishment for Assault with a Deadly Weapon in Riverside
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Criminal Defense Blog

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November 9, 2015

Punishment for Felony Offenders Charged with Assault with a Deadly Weapon in Riverside (PC 245)

Assault with a deadly weapon is a serious crime in California, and you can expect to face harsh consequences if you are accused of this crime. In Riverside, the courts and judges are particularly harsh on felony offenders, so you will want to hire an experienced and knowledgeable criminal defense attorney immediately if you are being charged with assault with a deadly weapon in Riverside.

Consequences of Assault with a Deadly Weapon in Riverside

Assault with a deadly weapon is a wobbler offense in California, meaning you could be charged with a misdemeanor or a felony depending on the facts of the case and your past criminal history.

If you are charged with felony assault with a deadly weapon, you face up to four years in jail and a fine of up to $10,000. A misdemeanor assault with a deadly weapon charge is punishable by up to 364 days in jail and a fine of up to $10,000.

In addition, if you are convicted of assault with a deadly weapon, you will likely receive a strike on your criminal record. Being convicted of three strike offenses could result in a sentence of up to 25 years to life in prison.

Can a Riverside Assault Attorney Help Me?

assault with a deadly weapon in Riverside

Our experienced attorneys can help you now if you are charged with assault with a deadly weapon in Riverside.

If you are arrested for a violation of Penal Code Section 245, the best way to obtain a favorable outcome is by hiring an experienced criminal defense attorney. The first thing an attorney will be able to do is help you obtain a lower bail amount. If you hire an attorney, you will be eligible to receive an 8% bail bond fee rather than the typical 10%. This could save you thousands of dollars.

In addition, our skilled lawyers can defend you against these charges. We know the elements the prosecution must prove to convict you of this crime. We may be able to show that your crime did not meet those elements. The elements of assault with a deadly weapon that the prosecution must prove are:

  • You did an act with a deadly weapon other than a firearm that by its nature would directly and probably result in the application of force to a person; or  the force used was likely to produce great bodily injury;
  • You did that act willfully;
  • When you acted, you were aware of facts that would lead a reasonable person to realize your  act by its nature would directly and probably result in the application of force to someone; AND
  • When you acted, you had the present ability to apply force likely to produce great bodily injury or with a deadly weapon other than a firearm.

If your actions did not meet all of these elements, you cannot be convicted of assault with a deadly weapon. An experienced attorney can help you prove that not all these elements were present in your case.

Call the Riverside Criminal Defense Attorneys at Wallin & Klarich

If you or a loved one is being charged with assault with a deadly weapon, you need to speak to a skilled Riverside criminal defense attorney immediately. At Wallin & Klarich, our knowledgeable attorneys have over 40 years of experience successfully defending our clients accused of assault with a deadly weapon in Riverside. We can help you now.

Our assault attorneys know the Riverside courts; we know the judges, prosecutors and personnel, and we can use this to our advantage in your assault with a deadly weapon case.

Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.


paul wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 40 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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