Assault with a dangerous or deadly weapon is a serious crime that can be charged in one of two ways: as a felony or as a misdemeanor. If your state have what is known as a “Three Strikes Law,” and the felony assault with a dangerous weapon would usually get one of the three strikes.
Assault is usually the threat of violence, rather than the actual act of touching or hurting another person. Inflicting bodily injury on someone else is known as battery instead, but assault can still be a serious crime especially if the person in question is believed to have had a dangerous weapon during the time of the assault.
An attorney with experience in criminal law is the best person to talk to when coping with this type of charge because they will have the legal knowledge to give you sound advice on how to proceed. If at all possible, they will also negotiate with the prosecutor to have the strike dropped from the charge, as this is a very serious mark on your criminal record. Speaking to an attorney about your case can make a big difference in how your case is handled and the defense that you are able to present at trial.
Assault with a Dangerous Weapon Laws
A person can be charged with assault with a dangerous weapon even if another person was not hurt during the incident. To be clear, assault does not have to involve any injuries whatsoever, it is merely invoking fear or threatening someone of committing violence with a deadly or dangerous weapon.
The weapon in question may be a gun, knife, or any other type of object or instrument that could reasonably be used to cause harm to another. Common household items can be considered a dangerous weapon if thrown, like bottles, glasses, or even otherwise harmless objects. If you kick at someone, your shod foot can even be classified as a dangerous weapon.
A car can also be considered a dangerous weapon if you come close to hitting someone with your vehicle. Some states have specific laws for vehicular assault.
Laws regarding this particular crime typically vary depending on the state that you live in because each state has a specific set of laws that will dictate what constitutes assault and how the crime is punished.
Penalties for Assault with a Dangerous Weapon
Some possible penalties for those convicted of committing assault with a deadly weapon can include imprisonment, loss of license and ability to own firearms or other weapons, anger management classes, fines, probation, and parole. Any combination of these penalties may be levied against someone if the court finds that the crime warrants it.
Essentially, the person on trial won’t know exactly which of these penalties they will have to endure until they go to trial or have the case settled by an attorney outside of court.
Legal Help For Assault With a Dangerous/Deadly Weapon Charges
In order to understand the legal process and find legal counsel to walk you through the proceedings, it is important to speak with an attorney as soon as possible to discuss all of your options. An attorney will be able to understand how the law will apply to your specific case and give you advice on how to best defend yourself when you do have to appear in court for this offense.
The sooner you speak with an attorney, the more legal defense options you will have.