A weapom is not necessary for an assault with a deadly weapon charge, commonly referred to as ADW, also known as California Penal Code 245. There may be a weapon required for some of the subsections, however, one of the subsections simply requires "...assault on the person of another with a deadly weapon or instrument, other than a firearm, or force likely to produce great bodily injury..."
The assault could be with hands or feet, there may not even an injury, but if the assault was with force likely to produce great bodily injury, then that is sufficient. It can be a strike under the three strikes law as a serious or violent felony if a weapon was involved or there was great bodily injury. There are defenses to this charge like self defense, defense of others and other possible defenses depending on the circumstances of the incident. The charge is a felony and carries from probation up to a 4 year prison commit. There can be also additional time if there was a firearm, great bodily injury or the victim is a peace officer or fire fighter.
Assault with a deadly weapon or ADW charge is a felony with significant possible consequences. It is important to contact a criminal defense attorney as soon as possible to discuss defenses and the criminal process. Call Christoph Law Offices for a free consultation at 760-941-5720. For over 34 years across from Vista Courts, we have been providing the highest level of personal and professional representation.