Depending on the severity of the charge, it will be seen as a Class B or D felony. Assault is seen as an attempt to commit a violent injury to an individual while having possession of the means to do so (the weapon). If you have been charged with assault with a deadly weapon, do not wait to speak to an attorney educated in California laws.
Factors that can affect the severity of the charge include:
- Type of injury inflicted
- Type of weapon used
- Whether or not there is a possibility of mistaken identity
- Justification for the crime
The amount of injury can play a large part in the penalties assigned. This point should be analyzed by a lawyer as the court will often pursue the highest penalty regardless of the extent of the injury. The object in question may not be categorized as a weapon according to law; however, the incident may still be charged as assault.
