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That person does not suffer serious injuries nor was there an intent to kill, but an assault still took place and the individual may react by taking the initiative to file charges. Aggravated assault is normally a second-degree felony. 4 Defenses to Assault with Deadly Weapon Charges | WK Law An assault with a deadly weapon occurs when an attacker accompanies a physical attack or attempted attack with a physical object capable of inflicting serious bodily injury or death by virtue of its design or construction. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. If you or someone you know is facing a charge of assault with a deadly weapon, it is important to schedule a free consultation with an, assault with a deadly weapon defense attorney, Sexual Battery Vs Sexual Assault In North Carolina. 13-1204 - Aggravated assault; classification; definitions Man faces charges including aggravated assault, reckless driving And some instruments, such as pocketknives, shoes, hammers, canes, and bats, while not deadly by design, can become "deadly weapons" depending on how the defendant has used them. No force has toactually be appliedfor a charge under this statute. Defendants charged with aggravated assault with a dangerous weapon have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me." A PC245 with a car is a strike and a mandatory lifetime license suspension meaning they can never drive legally again. your legal troubles become more complicated. Please note: Our firm only handles criminal and DUI cases, and only in California. The contact form sends information by non-encrypted email, which is not secure. An assault with a deadly weapon inflicting serious injury with or without the intent to kill is a serious crime and should be handled as such. Its important to note a loaded firearm is not covered under Penal Code 245 because its a separate offense with harsher legal penalties. PC 245 (a) (1) Assault with a Deadly Weapon. The more severe the attack, the more severe the assault charge. Macon County judge rules Illinois assault weapons ban violates state He was efficient, thorough, knowledgeable, courteous, responsive & brilliant.