Assault with a Deadly Weapon Leads to Serious Penalties
The criminal offense of assault with a deadly weapon involves an assailant physically attacking another person with an object deemed capable of causing death or significant bodily injury. A felony crime, it comes with serious penalties for those convicted.
A “deadly weapon” does not, in the eyes of the law, have to be an item that was specifically designed as a weapon, such as a gun or certain types of knives. A motor vehicle, a golf club, a lead pipe or any other item that could cause death or serious injury by virtue of its construction and design may be considered a deadly weapon.
In some cases, prosecutors may need to be able to prove an item has the potential to cause mortal injury. However, guns and knives are often classified automatically as deadly weapons without the need to prove their potential to kill or seriously maim.
Potential penalties include prison, large fines
An individual convicted of assault with a deadly weapon faces serious consequences. A sentence in state prison is a strong possibility, as are significant fines, probation and court-mandated restitution.
In many situations, the sentence depends on the injuries inflicted on the victim — or that could have been inflicted if certain circumstances had not prevented them. Courts may also consider a number of other factors, including the defendant’s criminal record.
If you have been arrested on charges of assault with a deadly weapon, it’s critically important that you work with a skilled lawyer to best protect your rights. To learn more about your legal options, consult a La Plata criminal defense attorney at Mudd, Mudd & Fitzgerald, P.A.