A deadly weapon is any kind of object that is designed to cause or capable of causing serious bodily injury or death.

What qualifies as assault with a deadly weapon. Assault laws and weapons laws usually prohibit using weapons to attack someone else or they make charges worse if a deadly weapon was used. What is considered a deadly weapon is often broadly interpreted allowing police and prosecutors to allege that many items even household objects are in fact deadly weapons. 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 prosecutor charging a defendant with a crime such as assault with a deadly weapon must prove not only that the defendant assaulted the. 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. Assault with a deadly weapon is similar to other violent crimes except it includes the use of an object to inflict harm on others.

In basic terms ADW occurs when you assault another person with a deadly weapon or using force that is likely to produce a great bodily injury. Assault With A Firearm Assault with a deadly weapon is a wobbler offense which means it can be charged either as a misdemeanor or a felony. Weapon equivalents are objects items or parts of the body that are not themselves weapons but can be a.

If you commit assault with a deadly weapon against a peace officer you may get a strike on your record. You can be charged with assault in the second degree if you intentionally or recklessly cause bodily injury to another person with a deadly weapon. An assault or battery is generally a misdemeanor unless it qualifies as an aggravated assault aggravated battery or an assault with the intent to commit a violent felony.

Second Degree Assault with a Deadly Weapon. The crime of assault with a deadly weapon commonly known as ADW is defined under California Penal Code Section 245. Simple assault can become aggravated assault when a deadly weapon is used to threaten the victim.

The decision of whether a prosecutor will charge it as a felony or a misdemeanor rests on The type of weapon or. 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. If violence is inflicted with a weapon or the equivalent of a weapon then the act is likely to be classified as inflicting grievous bodily harm intentionally section 18.