Are You Facing Allegations Of Assault With A Deadly Weapon?
The law considers firearms and knives as deadly weapons. A deadly weapon can also include ordinarily innocent objects, such as a bottle, a pencil, a rock or a car, if they have caused serious bodily injury or put someone in serious fear of bodily harm. Threats made with an unloaded gun, because they cause fear, also fall into this category.
Hands and feet are not usually deadly weapons, but kicking, punching or biting an individual may be sufficient for a charge of assault with a deadly weapon because kicking, punching and biting may cause serious bodily injury. The harm doesn’t actually have to occur, but if it does, the charge may include assault and battery, which means contact occurred even if no injury did.
Felony And Misdemeanor Charges Can Be Confusing
An individual charged with having assaulted someone will often be charged with a felony, although depending on the weapon and the jurisdiction, the charge may be a misdemeanor. Conviction of assault with a deadly weapon can result in probation of a few months to many years, fines ranging from anywhere between $500 and $1,000,000, and prison time of a few months to 25 years or more.
A criminal lawyer experienced in defending against these charges can help you find the proper defense. There are many factors that need to be analyzed in order to put together the strongest defense. Some jurisdictions consider consent to be a defense, but many do not. A criminal attorney may recommend a defense of involuntary intoxication or insanity. Self-defense or defense of another may also be claimed, but protecting property usually will not be acceptable since property is not considered as valuable as someone’s life. Prevention of a crime may give someone the right to assault another with a deadly weapon. A criminal lawyer may also claim a lack of intent if the assault and battery occurred by accident. There are many possible defenses, and a trained assault with a deadly weapon attorney will be able to navigate you through the system and ensure that you are properly protected.
Contact Our Experienced Team For Legal Help Right Away
No matter what your situation, the risks are too great to try to protect yourself against an assault with a deadly weapon charge without a criminal lawyer. Contact Stewart, Schmidlin, Bullock & Gourley, PLLC, at our Smithfield office now for a free and confidential consultation by calling us at 919-989-8900 or sending us an email inquiry. We will treat you with respect.