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.
What is considered assault with a deadly weapon. Like most legal issues assault with a deadly weapon isnt as simple as we would like it to be. To reiterate it is important to remember that the weapon does not have to actually cause physical harm to another person in order for the crime to be 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.
Penalties include seven and up to 21 years in prison a fine up to 150000 or both. Judges and lawyers often refer to the crime. Assault with a deadly weapon is often referred.
California Penal Code Section 245a1 et seq. It is important to note that the victim need not be. Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two three or four years or in a county jail for not exceeding one year or by a fine not exceeding ten thousand dollars 10000 or by both the fine and.
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. Assault with a deadly weapon is considered to be a felony crime in most states although this could also vary from state to state. 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.
Understanding Assault with a Deadly Weapon A ssault with a deadly weapon is basically what it sounds like. It means you are accused of assaulting someone and at the time you had something that could have been considered a deadly weapon. For example Texas courts held in Stanul v.
An assault with a deadly weapon occurs when an attacker accompanies a physical attack with a physical object capable of inflicting serious bodily injury or death by virtue of its design or construction. For an assault to be assault with a deadly weapon the perpetrator must use a deadly weapon or dangerous instrument to. It is important to remember that the crime of assault does not involve any actual physical contact.