An assault with a deadly weapon can be a strike if you inflict significant bodily injury on another person in the commission of the offense.

What qualifies as assault with a deadly weapon. The crime of aggravated assault which includes assault with a deadly weapon usually is a fourth degree felony in New Mexico. If you have been charged with attacking someone with a deadly object consult a determined assault attorney. Dangerousdeadly weapons refer to any object that is actually used or threatened to be used in a way that is likely to produce serious bodily injury.

Bodily injury includes physical pain illness or any physical or mental impairment. A prosecutor charging a defendant with a crime such as assault with a deadly weapon must prove not only that the defendant assaulted the. You may also get a strike if you use a firearm to commit assault with a deadly weapon.

What qualifies as an assault with a deadly weapon. In California Assault with a Deadly Weapon is defined as an assault that is committed with any type of weapon deemed deadly or by means of force that is likely to cause significant bodily injury to another. A deadly weapon is any kind of object that is designed to cause or capable of causing serious bodily injury or death.

Simple assault can become aggravated assault when a deadly weapon is used to threaten the victim. Weapon equivalents are objects items or parts of the body that are not themselves weapons but can be a. You can also be charged with this crime for an assault committed without a weapon if you used force that was likely to cause great bodily injury to someone.

Assault with a deadly weapon is similar to other violent crimes except it includes the use of an object to inflict harm on others. Deadly weapons include firearms knives of a certain length swords explosives and brass knuckles to name a few. The offense can be charged as a misdemeanor or a felony and carries a maximum sentence of up to 4 years in jail or prison.

For example guns and knives are obviously deadly weapons. This offense occurs under California Penal Code section 245a1 when the willful application of force coupled with the present ability to carry out a threat of harm is committed using a weapon or force capable of producing great bodily injury or death of another person. You may be charged with the offense of assault under California Penal Code section 240 or assault with a deadly weapon under California Penal Code section 245 if you commit assault using a deadly weapon.