how to get assault with a deadly weapon charges dropped

Mr. Ochoa was at his girlfriend’s residence in January 2016 when her abusive ex-husband repeatedly knocked on the door while yelling obscenities. Charged With Violation of California Penal Code 245(a)(1)? We will be there when you call. Aggravated Assault By Threat Charges in Texas Under Texas law, you can be charged with Aggravated Assault if you “exhibited” a deadly weapon and the alleged victim claims to have been in fear of serious bodily injury or death. 17592 Irvine Blvd. Being found guilty of using a gun or deadly weapon of any kind during a crime can add 20 years to a prison sentence. Though you may ask for summary judgment, the other party may choose to dispute the facts if it means that the assault charges against you may be dropped. This could include questioning the eyesight of the witness and whether the area was well-lit or relatively dark when the occurrence happened. The deadly weapon does not have to be physically used against the victim but merely displayed. 2. Make sure you have grounds for making a motion to dismiss before you use it to have the assault charges dropped. In general, aggravated assault charges, 2C:12-1b, are difficult to drop by their very nature. … In order for self-defense to be an effective defense strategy in your case, your attorney must show that the force you used against the alleged victim was reasonable under the specific circumstances you faced. Repeat offenders may be subject to additional fines, sentences and penalties deemed appropriate by the judge. To better help you with your case we now also offer Virtual Consultations - CALL 877-466-5245 to schedule an appointment or click here for more information. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”, My brother was convicted of second degree murder in Los Angeles County. Both of the charges stem from the confrontation David had with James Spivey , a (now former) friend of his wife Jenelle Evans, during one of his and Jenelle’s many breakups. This could include any type of … If you have been falsely charged with assault, assault with a deadly weapon or sexual assault, then our Raleigh criminal lawyers are only a call away. In doing so, your lawyer can explore how well the witnesses recall the surrounding events. Las Vegas, NV 89101, (702) 623-6362 In addition, your attorney can challenge a witness’ level of sobriety and whether or not he or she may have used any legal or illegal drugs on the day of the alleged event. Can Assault with a Deadly Weapon Charges Be Dropped? Related Assault Charges – Deadly Conduct A closely related but lesser criminal charge to assault with a deadly weapon is “Deadly Conduct.” Under Sec. If you have been charged with assault with a deadly weapon, do not wait to speak to an attorney educated in California laws. The assault was committed with a deadly weapon or another type of force that was likely to cause great bodily harm. Aggravated assault is a major crime that comes with grave consequences. To be convicted of assault with a deadly weapon, the prosecution must prove: The punishment for assault with a deadly weapon is serious, so it is critical that you hire an experienced assault lawyer if you are facing assault with a deadly weapon charges. Jail time for aggravated assault Aggravated assault is a more serious offence than assault with a weapon causing bodily harm. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. They will need as much of a head start as possible to defend you against assault Aggravated assault is It is important to understand […] If you or a loved one have been accused of a crime, now is the time to contact us. Your lawyer can attack the credibility of witnesses by challenging their memory of the events. San Bernardino, CA – Charges were officially dropped today against A. Ochoa, who was arrested in January for assault with a deadly weapon. To … Continue reading "How to Get Assault with a Deadly Weapon Charges … We immediately hired the Law Firm of Wallin & Klarich. In order to obtain a successful conviction for a charge under 245(a)(1) PC, the prosecution must prove beyond a reasonable doubt the following: 1. To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: If Clark County prosecutors are successful in proving their case, defendants may face between 1 and 6 years in prison, fines, restitution and loss of gun ownership privileges. Home > FAQ > Assault > How can I get my assault charges dropped? With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. (714) 730-5300. Assault with a deadly weapon is one of the most serious crimes in California. assault deadly weapon charges dropped san pedro attorney As it turns out, our client left his children upstairs to go check out a guy who was looking through mailboxes at the apartment complex. There are a lot of elements at play here. This makes it less likely that the State, or the Court, will Under California law, an assault occurs when a person – referred to as the assailant – willfully and unlawfully attempts to harm another person and cause great bodily harm, when the assailant has the a… Using an item that is normally unassociated with inflicting bodily injury falls under this statute as well. But our shock turned into horror when he was charged with felony arson. A major part of this is to show that you were in immediate danger of suffering bodily injury or death. Aggravated Assault occurs when a person uses or exhibits a deadly weapon while committing some type of assault. Under California Penal Code Section 245(a)(1), if you are convicted of felony assault with a deadly weapon you face up to four years in jail, $10,000 in fines, and a strike on your criminal record under California’s Three Strikes law. This web site is not intended to solicit clients for matters outside of the state of California. Your charge depends on your state of mind at the time of the offense. “Certificate of Rehabilitation and Governor’s Pardon Testimonials”, 10 Tips To Hiring A Criminal Defense Lawyer, Copyright © 2021 Wallin & Klarich - All rights reserved, Child Pornography Laws – Penal Code 311 PC, Assault With a Deadly Weapon – PC 245 (a)(1), Domestic Violence Lawyer Explains Laws Regarding Domestic Violence, Governor’s Pardon and Certificate of Rehab, Pre-Filing Investigations & the Criminal Process. This website is designed for general information only. A defendant can potentially get ADW charges dropped by asserting a legal defense. How Do You Know If Your Rights Were Violated When You Were Arrested? Understanding Assault with a Deadly Weapon Charges (PC 245) Assault with a deadly weapon is a “wobbler” offense, meaning the prosecutor can charge it as a felony or misdemeanor. Materials are also included in this broad definition. Another valid legal defense to assault with a deadly weapon charges is that it is factually impossible that your act meets all of the elements of the crime. See how we can serve you better. In order for assault with a deadly weapon charges to stick, the Alameda County District Attorney’s office must establish a number of facts. Under California Penal Code Section 245(a)(1), if you are convicted of felony assault with a deadly weapon you face up to four years in jail, $10,000 in fines, and a strike on your criminal record under California’s Three Strikes law. If you didn’t intend to commit assault with a deadly weapon, you may have your charges reduced or dismissed. Assault with a deadly weapon is an attack upon another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury. These defense tactics may involve negotiating with prosecutors to get the assault charge dropped or dismissed before it goes to trial. Assault with a deadly weapon is one of the most serious crimes in California. If you wish to cooperate, do so under the tutelage of an experienced defense attorney. Like the bodily harm charge, this Self-defense is one of the most common defenses to assault with a deadly weapon charges. This field is for validation purposes and should be left unchanged. Charges of Assault With a Deadly Weapon in Las Vegas In the state of Nevada, assault with a deadly weapon is a serious felony offense. In Minnesota, an assault charge can quickly become a far serious charge when any “dangerous weapon” is involved. Here are just a few of the valid legal arguments we have used to help our clients win assault with a deadly weapon cases. The contents of this website may contain legal advertising. Paul Wallin is one of the most highly respected attorneys in Southern California. If you or a loved one has been charged with assault with a deadly weapon, you should speak to a skilled criminal defense attorney right away. Assault with a deadly weapon is a serious crime in Nevada. He was sentenced to 16 years to life in state prison. Another neighbor came out with a club from his car, and the police observed this all from a … At Wallin & Klarich, our criminal lawyers have over 35 years of experience successfully defending our clients facing assault with a deadly weapon charges. Nevada Revised Statutes § 193.165 , defines a deadly weapon as any object that can induce death or serious bodily injury when used in an ordinary way. There is an aggravating factor such as serious injury to the victim, or a weapon. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Do not attempt to hide or discard the weapon if the crime lab has yet to find and process it; this could immediately implicate you. Can I get my aggravated assault with a deadly weapon charge dropped or lowered? As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Assault with a Weapon Assault with a weapon is exactly what it sounds like. An individual can be charged with aggravated assault if he or she attacks another individual and causes serious bodily harm or uses an object classified as a deadly weapon.. If an investigator has indicated you might be under arrest soon, or an investigation has been launched, you should immediately invoke your Fifth Amendment right to remain silent. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense. If you use a weapon while assaulting someone, you can get 10 years in jail. Attorney Advertising. [email protected]. California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Mr. Wallin also helps clients with family law matters such as divorce and child custody. 400 S 7th Street #401 The Ashley can exclusively confirm that the Assault with a Deadly Weapon charge, as well as the Communicating Threats charge, have been dropped against the former Teen Mom 2 dad. Monday through Sunday, 24/7 If you or a loved one have been accused of a crime, this is the time to contact us. Can ADW charges be dropped? Your attorney may be able to use factual impossibility as a valid defense if: One of the most important elements of defense strategy in a PC 245 case is to attack the credibility of the witnesses for the prosecution. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”. An experienced assault with a deadly weapon attorney will also explore whether any witnesses were in a position where they could accurately witness what they claim they saw. The least serious offense is a misdemeanor, and first-time offenders can potentially have the charge left off their record by completing a diversion program. You committed an assault on another person; The assault was done willfully or with the intent to cause the person harm; You committed the assault while in the possession of either a deadly weapon or firearm; and, The assault was done with force likely to produce serious bodily injury or death, You did not possess an object capable of being used as a deadly weapon, You did not have the ability to inflict any type of injury, or. Assault with a deadly weapon is usually a felony punishable by one to twenty years in prison, depending on the specific provisions of each state’s sentencing statute or sentencing guidelines. At Wallin & Klarich, we have over 35 years of experience successfully defending clients against assault with a deadly weapon charges. Some of the more common deadly weapons that Nevada recognizes include: Other weapons may fit this classification, including nuclear waste or gases. Simple assault – this doesn’t usually involve the use of a weapon, and the victim’s injuries are often minor. View all posts by Paul Wallin, I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. Nevada Revised Statutes § 193.165, defines a deadly weapon as any object that can induce death or serious bodily injury when used in an ordinary way. Felony Assault with Deadly Weapon Charges in Minnesota According to the Statutes of Minnesota , felony assault with deadly weapon charges are imposed in the following scenarios: “Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.” If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. Los Angeles Assault With A Deadly Weapon Attorneys. If you’ve been charged with assault with a deadly weapon in Oakland, the prosecutor must first prove that you applied force. 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. Sometimes in assault cases, including domestic assault or family violence , the alleged victim may reconsider after the heat of the moment and later inform prosecutors that he or she doesn’t want to press the case and wants the assault charge to be dropped. In assault cases, the defendant often states that he or she only committed the act to protect him or herself from an attacker. To defend yourself and get these charges dismissed, your attorney needs access to the weapon allegedly used, witnesses to the crime, and your police statement if one was given. Let James Luster Help You Work to Get Charges Dropped James Luster is a Fort Worth Assault Family Violence Attorney with experienced as a prosecutor in the Tarrant County domestic violence unit. With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich assault attorney available to help you no matter where you are located. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”, ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. Normally, the judge has some discretion Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. An assault with a deadly weapon occurs when an attacker accompanies a physical attack with a physical object capable of inflicting serious bodily injury or death, by virtue of its design or construction. Under Penal Code section 245(a), the punishment for a felony conviction can be a state prison sentence of up to four years and a fine up to $10,000. How to Get Assault with a Deadly Weapon Charges Dropped (PC 245(a)(1)) Paul Wallin June 5, 2017 Assault with a deadly weapon Assault with a deadly weapon is one of the most serious crimes in California. I now realize the importance of obtaining a law firm that has years of experience in criminal law. Should you face these charges, you must retain counsel immediately. This is an act of violence or a threat of violence in which a weapon is used, such as a gun, knife, or other implement. Summary judgments usually take place only when the evidence is not in dispute. If you’ve been charged with assault of a public servant and a weapon was involved, contact a defense lawyer familiar with serious assault charges. How or why assault with a deadly weapon charges are dismissed is specific to each case. ATTENTION:Wallin & Klarich Offices Will Remain Open to Help Out Clients and Potential New Clients During the COVID-19 Coronavirus Pandemic, in Accordance with Mandated Safety Guidelines. 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. Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. If your loved-one is facing an assault charge in which you are the victim, get James on the case. Strengthen your case with a defense attorney to have the assault with bodily injury charges dropped or dismissed in Texas with Cofer Luster Law Firm, PC, 682-777-3336. Knowingly causing serious injury to another, using a deadly weapon or threatening to use a deadly weapon to cause bodily injury are all things that would be classed as aggravated assault. The defendant assaulted another person. Evidence and witnesses are two key elements of your case, and the prosecutor will have both prior to charging you. Three common defenses are: no deadly weapon, no willful act, and/or self-defense. Some states refer to this charge as assault with a dangerous instrument or aggravated assault with a deadly weapon.. What to Do If You’re Accused of Homicide in Las Vegas, Las Vegas Man Charged with Setting Fire to Federal Courthouse, What To Know And Do If You Are Arrested While Visiting Las Vegas, November and December Rank Highest for Drunk Driving Arrests. Small bladed knives like switchblades or dirks; Nail, paint and similar guns propelled by compressed air. There are many different types of assault charges. If the prosecution can prove that you acted intentionally, the offense is a Class C felony and is … This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. There are situations where these charges may be lessened or dismissed, especially if the victim entered the home or property of the attacker. What are deadly weapons in Nevada? Let us help you now. Assault with a Deadly Weapon Charges Assault with a deadly weapon is usually one of the highest assaultive offenses next to manslaughter and murder. In cases where assault with a deadly weapon could lead to significant jail time, or the victim is fighting for their life, you should immediately hire an attorney and prepare for potential voluntary manslaughter or similar charges. Clark County prosecutors shoulder 100% of the burden of proving your guilt in assault cases. The way the package was organized and presented to the presiding judge was very impressive to me. How or why assault with a deadly weapon charges are dismissed is specific to each case. This point should be analyzed by a lawyer as the court will often pursue the highest penalty regardless of the extent of the injury. Additional Resources RAINN – Visit the official website for the Rape, Abuse, Incest National Network (RAINN), a non-profit group that is dedicated to minimizing domestic violence. The short-term effects of a conviction can include jail time and a hefty fine. You can schedule a consultation with a Raleigh criminal attorney by calling 919-615-2473 or completing the online contact form below. 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For instance, your criminal defense lawyer may be able to show you were not at the scene of the crime when the alleged assault took place. 2. Your attorney may use different strategies to prove that you were falsely accused of assault with a deadly weapon based on the circumstances of your case. Mr. Wallin founded Wallin & Klarich in 1981. Tustin, CA 92780 In any case, the Can deadly weapons charges be dropped If you’ve been arrested and accused of attacking someone with a gun or other weapon, or allegedly threatened to do so, you may be facing aggravated assault charges, or assault with a deadly weapon charges. The amount of injury can play a large part in the penalties assigned.

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