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The evidence must show that the defendant intentionally threatened the victim with a deadly weapon, and either: The prosecutor's case must include evidence about the weapon and how it was "deadly," either by showing that the weapon used was inherently dangerous or that an object was used in such a way that it did or could have caused death or serious bodily injury. They were so pleasant and knowledgeable when I contacted them. Common defenses include showing that. I highly recommend them if you For example, a stab wound requiring multiple stitches or surgery may be charged as a serious injury caused by assault with a deadly weapon, as would an attack to the head with a blunt object that caused a traumatic brain injury. the victim falls under a protected class, such as a police officer or vulnerable adult. In addition, a defendant can claim self-defense or defense of others and present evidence that the alleged victim initiated the confrontation and that the defendant was defending himself or another person from the alleged victim's attack. Search Texas Statutes. Assault using a firearm: Penal Code 245 (a) (2) says that a misdemeanor conviction for using a firearm in an assault results in a minimum of six months in jail and a maximum of one year. In this section, we offer solutions for clearing up your prior record. ADWs committed with a firearm are discussed in 3.1 below. cannot prove willfulness beyond a reasonable doubt, the charge should be dropped. In some states, assault against a special victim, like a police officer or elderly person, carries more severe penalties or is subject to sentence enhancement. Our law offices serve clients in Los Angeles and throughout California. "Thank you so much for putting so much effort in this case. A competent criminal defense attorney can help you fight an aggravated assault charge, protect your rights, and achieve the best possible outcome. The Many Ways to Commit Assault with a Motor Vehicle in Texas. Pay a fine of up to $6,000. Involved the use or display of a deadly weapon. ; In general, you commit the offense of assault if you attempt or threaten to injure someone. the defendant actually attempted to or applied physical force to the victim with a deadly weapon. you commit the assault either in retaliation for, or to prevent the performance of, the public officials official duties. Hiring a skilled assault with a deadly weapon defense attorney who has represented individuals in cases similar to yours allows you to have a fighting chance at reducing the charges or even potentially dismissing them altogether. They are classified as 3(g) offenses by the Texas Penal Code. An object is a deadly weapon if it likely can cause death or great bodily harm. Assaulting a disabled person, government employee, police officer, or first responder with a deadly weapon in the state of NC constitutes a Class F felony. Contact our law firm at 323-461-2000. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He even answered a frantic call While there was no serious injury because no one was hit by a bullet, and there was no intent to kill or even draw the gun, the individuals felt a reasonable threat, and the person whose gun was discharged faces misdemeanor assault charges.

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