It is important to note that the victim need not be.

What is considered assault with a deadly weapon. Ultimately the outcome of your case will be determined by the facts of your case pre-trial investigation and the ability of witnesses to testify on your behalf. In addition deadly weapons statutes often contain provisions covering. Penalties include seven and up to 21 years in prison a fine up to 150000 or both.

As stated above PC 245a1 says that the crime of assault with a deadly weapon can be charged as either a misdemeanor or a felony at the prosecutors discretion. By means of force likely to produce great bodily injury. For example Texas courts held in Stanul v.

Intentionally knowingly or recklessly cause a. 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. Under California Penal Code 245 PC a 1 the crime of assault with a deadly weapon occurs whenever you attack or attempt to attack another person with a deadly weapon or by means likely to cause great bodily injury.

If a deadly weapon is used in the assault then the crime becomes assault with a deadly weapon. In some jurisdictions Aggravated assault is explained as an unlawful attack by one person upon another for the purpose of aggravated bodily injury. The offense of aggravated assault with a deadly weapon in Texas is a second degree felony with a punishment range of up to 20 years in prison and a fine of up to 10000.

According to Arizona Revised Statute ARS 13-1204 assault with a deadly weapon occurs when an individual commits an assault with a weapon that is deemed by the above listed statute as being a dangerous or deadly weapon and in Arizona the charge of assault with a deadly weapon is considered aggravated assault. It is usually charged as a felony offense. An assault is any act intended to create a reasonable fear of imminent harm in another person.

Some jurisdictions allow for even more flexibility in the definition of a deadly weapon. An incident of an assault with a deadly weapon takes place when a person attacks someone with a deadly weapon in rage. Like most legal issues assault with a deadly weapon isnt as simple as we would like it to be.