Los Angeles Assault with a Deadly Weapon Lawyer

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Assault with a Deadly Weapon Lawyer in Los Angeles

If you have been charged with assault with a deadly weapon in Los Angeles you are facing a wobbler that can be filed as a misdemeanor or a felony and the filing decision is made early. A felony conviction under PC 245 carries up to 4 years in state prison, a strike under the Three Strikes law, and a permanent record that affects every area of your life. At The Law Offices of Arash Hashemi our assault with a deadly weapon lawyer has spent over 20 years defending clients against assault and serious criminal charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Assault with a Deadly Weapon Charges in California — What You Are Facing

Penal Code 245(a)(1) covers assault committed with a deadly weapon other than a firearm or by means of force likely to produce great bodily injury. The charge is a wobbler meaning the District Attorney decides whether to file it as a misdemeanor or a felony based on the severity of the alleged conduct, the weapon involved, whether any injury resulted, and the defendant’s prior criminal history. A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. A felony conviction carries 2, 3, or 4 years in state prison and fines up to $10,000.

When a firearm is involved the charge is filed under PC 245(a)(2) rather than 245(a)(1) and the penalties increase significantly. A standard firearm carries up to 4 years in state prison as a felony. A semiautomatic firearm carries up to 9 years. A machine gun or assault weapon under PC 245(a)(3) carries up to 12 years in state prison. When the alleged victim was a peace officer the charge is filed under PC 245(c) or PC 245(d) which carry enhanced penalties of up to 8 years for assault on a peace officer with a firearm.

Assault with caustic chemicals under PC 244 is a separate straight felony that applies when a person throws or places acid, a flammable substance, or any caustic chemical on another person with the intent to injure or disfigure. This charge carries 2, 3, or 4 years in state prison and is always a felony with no misdemeanor option.

What Makes Something a Deadly Weapon Under California Law

The definition of a deadly weapon under PC 245 is broader than most people expect and it is one of the most frequently contested issues in these cases. A deadly weapon is any object that is inherently deadly or that is used in a manner capable of causing death or great bodily injury. A knife, a bat, a bottle, a car, a dog, and even hands and feet can qualify as deadly weapons depending on how they were used and the force applied. The prosecution does not need to prove the defendant intended to kill anyone — only that the manner in which the object was used was capable of causing great bodily injury.

Our assault with a deadly weapon lawyer challenges the deadly weapon classification in every case where the object or the manner of use does not clearly satisfy the statutory definition. When the object was not inherently dangerous and the manner of use did not create a substantial risk of great bodily injury the PC 245 charge cannot be sustained and the conduct may only support a lesser charge.

The Wobbler Filing Decision and Why Early Intervention Matters

Because PC 245(a)(1) is a wobbler the most important window in the case is between the arrest and the formal filing decision. Getting an assault with a deadly weapon lawyer involved before arraignment creates the opportunity to present mitigating information to prosecutors and argue for misdemeanor treatment before the felony designation is locked in. Once the case is filed as a felony that designation is significantly harder to change. Factors that influence the filing decision include the nature of the weapon, the extent of any injuries, the defendant’s prior record, and whether the incident arose from provocation or mutual combat. Our criminal defense attorney engages with prosecutors before filing in every case where the facts support an argument for misdemeanor treatment.

How We Defend Assault with a Deadly Weapon Charges in Los Angeles

Assault with a deadly weapon cases are typically built on the testimony of the complaining witness, physical evidence of injuries, and in some cases surveillance footage or bystander accounts. Each of those evidence types is subject to challenge. When the complaining witness has a motive to exaggerate or fabricate, when their account is inconsistent with physical evidence, or when the incident arose from a situation where the defendant was acting in legitimate self-defense the prosecution’s case is vulnerable at its core.

Self-defense is a complete defense to a PC 245 charge when the defendant reasonably believed they faced imminent danger of great bodily injury and the force used was proportional to the threat. Our assault with a deadly weapon lawyer builds the self-defense argument through the defendant’s account, witness statements, any prior threatening conduct by the complaining witness, and the physical circumstances of the incident. When the complaining witness was the initial aggressor and the defendant responded to a genuine and immediate threat the prosecution cannot meet its burden.

When the charge involves a firearm our criminal defense attorney also challenges whether the defendant personally used the firearm as required by the statute and whether any firearm enhancements alleged under PC 12022.5 are supported by the specific evidence of the defendant’s conduct.

Our assault with a deadly weapon lawyer has secured significant results in these cases throughout Los Angeles County. In one recent matter a client facing two counts of felony assault with a deadly weapon — charges carrying a potential sentence of up to 16 years in state prison — had both felony counts dismissed entirely after a thorough review of the evidence and extensive negotiations with the District Attorney. Results vary depending on the specific facts of each case but this outcome reflects the kind of aggressive early intervention that is possible when experienced legal representation is involved from the start.

Contact a Los Angeles Assault with a Deadly Weapon Lawyer Today

Attorney Arash Hashemi has defended clients against assault with a deadly weapon charges throughout Los Angeles County for over 20 years and has successfully secured dismissals in these cases including felony PC 245 charges that carried potential sentences of over a decade in state prison. He understands how the District Attorney’s office approaches these cases at each filing location, how to challenge the deadly weapon classification and the credibility of complaining witnesses, and where the defense has the most leverage from the filing decision through trial. When you retain our firm Attorney Hashemi will personally review the facts of your case, analyze the evidence, explain your options clearly, and build a defense strategy focused on the best available outcome from day one. You work directly with Attorney Hashemi at every stage of your case from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing assault with a deadly weapon and serious criminal charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.