We represent good people who find themselves, on occasion, on the wrong side of the law. We have extensive trial experience and are proven litigators. We have handled every type of criminal case from A to Z.
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Step 1: The ArrestDon’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate. -
Step 2: The ArraignmentWalsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home.
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Step 3: Pre-Trial HearingsWe’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.
Folsom Assault with a Deadly Weapon Lawyer
Assault charges are serious on their own. But things get even more complicated if a weapon is involved. Assault with a deadly weapon charges require a strong defense if you hope to avoid the harshest punishments under California law.
Accused in Folsom, CA? Call Walsh Law today at (916) 610-3558 or through our contact form to speak with an experienced Folsom assault with a deadly weapon lawyer.
What Is Assault with a Deadly Weapon in California?
Assault with a deadly weapon is defined in Penal Code § 245. Under this statute, assault with a deadly weapon (ADW) can be charged when someone assaults another person with a deadly weapon or instrument other than a firearm.
Examples of ADW charges include:
- Attempting to stab someone with a knife
- Striking someone using the butt of a firearm
- Attacking someone with a baseball bat
As with other assault charges, the alleged victim does not have to actually be injured for this charge to apply. If the act could have resulted in injury but didn’t — for example, it you swung a baseball bat at someone and missed — you could still be charged.
Values You Can Relate To
Our Client Testimonials
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“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”- Melissa C.
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“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”- Claudia H.
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“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”- Dewan P.
Elements of Assault with a Deadly Weapon
Folsom prosecutors must prove four essential elements to convict you of assault with a deadly weapon:
1. Direct application of force
The direct application of force refers to any offensive or harmful touching, which does not have to be direct physical contact. Even the most minimal contact can be a direct application of force if it’s conducted in a rude or offensive manner.
2. Use of a deadly weapon
An object considered a “deadly weapon” under the statute must have been used in the alleged defense for these charges to apply. Nearly anything can be classified as a deadly weapon if it is capable of causing death or great bodily injury. For example, any of the following could be a deadly weapon:
- Firearms or BB guns
- Knives
- Brass knuckles
- A vehicle
- A baseball bat or piece of lumber
- Your hands or feet
3. The alleged victim’s great bodily injury
The alleged victim must have suffered “great bodily injury” or the threat of it. This includes broken bones, lacerations, gunshot wounds, and dog bites, for example.
4. Your willful action
You must have acted willfully, or on purpose, to be found guilty of assault with a deadly weapon.
Charges Related to Assault with a Deadly Weapon
Dealing with assault with deadly weapon charges is severe enough, but you could also be charged with several related offenses, including:
- Brandishing a firearm (California Penal Code § 417): exhibiting a deadly weapon in a rude, angry, or threatening manner or using one in a fight.
- Throwing a dangerous object at a motor vehicle (California Penal Code § 23110): maliciously and willfully throwing a rock, brick, bottle, or other substance capable of serious bodily harm at a vehicle or its occupant.
- Assault on a public official (California Penal Code § 217.1): assaulting a court official, sheriff, or other public official, preventing them from performing their duties or in retaliation. § 241 PC is also closely related and can be charged if a peace officer, emergency medical technician, firefighter, or other emergency personnel is assaulted.
A Folsom assault with a deadly weapon lawyer can explain any additional charges you could face and fight to get them reduced or dismissed.
Meet Our Team
We know it’s easy to get swept up with emotions and confusion in the aftermath of being charged with a crime. That’s why our Folsom criminal defense attorneys aim to shoulder as much of the burden as we can, providing reassurance plus honest insight and advice where you need it.
Why Walsh Law?
Walsh Law’s mission is to be the gold standard of criminal defense by providing superior legal advocacy in the face of potentially life-changing consequences.
Chris Walsh is a former prosecutor, so we know what you’re up against when you face
criminal charges. Now, clients like you get to benefit from what we’ve learned in
our careers and how we apply what we know to get the results you’re after.
