A person is charged with "assault with a deadly weapon" when one person during an argument at an Oceanside bar, punches the other in the face and breaks that person's jaw. Police are called and the individual who through the punch is arrested and charged with "assault with a deadly weapon" also known as ADW. The California Penal Code for "assault with a deadly weapon" is P.C. 245(a) (4) includes assault with force likely to produce great bodily injury even if no weapon is involved. It carries up to 4 years in prison, $ 10,000 fine and can be a strike under the 3 strikes law if great bodily injury is alleged and personnally inflicted on another, or a weapon is alleged and personnaly used.
The amount of custody for assault with a deadly weapon can be increased by 3 years in prison if there are great bodily injury allegations proven and there is a prison commit. Weapon allegations also increase prison commits. Additionally, as a strike the person serves 85% of his time, and only 50% if there are no strike allegations. This charge can also be filed as a misdemeanor carrying up to a year in County Jail and up to a $ 1000 fine. Usually this charge is only filed as a misdemeanor if there was no weapon and injuries are minor. If a person is convicted of ADW as a felony, they may be able to clean up their record by getting the charge reduced to a misdemeanor after probation and then expunge it.
In any assault case, restitution for any injuries and expenses is always an important factor in negotiations. These cases often have self-defense as an issue in the facts of the case. The character and background of everyone involved in the incident can also be very important along with the circumstances of the assault. It is very important if you are arrested for ADW to immediately contact an experienced criminal defense attorney before you make any statements to police, witness statements can be taken, evidence preserved, and your attorney can understand what happened while its fresh in everyones mind. Call Christoph Law Offices at 760-941-5720 for a free consultation and realistic evaluation. Nicholas and William Christoph have more than 40 years combined experience handling these cases and know what needs to be done to achieve the best result in your case.