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Assault with a Deadly Weapon Archives

Is a weapon necessary for assault with a deadly weapon charge?

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..."

Assault with a Deadly Weapon charged in Oceanside Bar Fight

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.

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