You probably don’t need a lawyer to tell you that it’s illegal to assault someone with a deadly weapon—but if you’ve been charged with this offense, you’ll absolutely want a skilled criminal defense attorney on your side.
At Carolyn L. Oliver | Criminal Defense Law Firm, we understand the serious consequences that come with being accused of assault with a deadly weapon. These cases are aggressively prosecuted in California, and the penalties can be life-altering. Whether the charges are filed as a felony or misdemeanor, you need a defense strategy that protects your rights, your reputation, and your future.
What Is Assault with a Deadly Weapon?
Under California Penal Code § 245(a)(1), assault with a deadly weapon (often abbreviated as ADW) occurs when someone unlawfully attempts to use force likely to result in great bodily injury with a weapon or object capable of causing death or serious harm.
To secure a conviction, the prosecution must prove:
- You committed an act that, by its nature, would directly and likely result in force being applied to another person;
- You acted willfully;
- You were aware that your actions would likely result in the application of force;
- You had the ability to apply force;
- And—you used a deadly weapon or means likely to cause great bodily injury.
What Qualifies as a “Deadly Weapon”?
Some weapons are obvious—firearms, knives, bats, and brass knuckles. But California courts recognize a wide range of objects as potentially “deadly” depending on how they are used. This can include:
- A vehicle used to hit or try to run someone over
- A broken glass bottle in a bar fight
- A heavy tool or blunt object swung with force
- Even a dog, if used as a weapon to attack someone
It’s not about the object itself—what matters is how it was used and whether it could inflict great bodily injury or death.
Is Actual Injury Required?
No. The crime of assault with a deadly weapon does not require the victim to be injured. The prosecution only needs to show that the act had the potential to result in serious harm. This makes the law broad and potentially dangerous for defendants, especially in heated or misinterpreted situations.
Misdemeanor vs. Felony Charges
Assault with a deadly weapon is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on:
- The type of weapon used
- The extent of any injuries
- The alleged victim (e.g., police officers or protected classes)
- The defendant’s criminal history
Penalties for Misdemeanor ADW:
- Up to 1 year in county jail
- Fines up to $1,000
- Informal probation
Penalties for Felony ADW:
- 2 to 4 years in state prison
- Fines up to $10,000
- Formal probation
- Strike on your record under California’s Three Strikes Law
When a firearm is used, sentencing can be even more severe. Certain ADW charges can also lead to sentence enhancements or accusations of attempted murder, depending on the circumstances.
Common Legal Defenses to ADW Charges
At Carolyn L. Oliver | Criminal Defense Law Firm, we take a close, strategic look at every aspect of your case to build the strongest possible defense. Common legal defenses include:
Self-Defense or Defense of Others
If you reasonably believed you were in imminent danger and used only the amount of force necessary to protect yourself or another, this could be a complete defense.
Lack of Intent
If the act was accidental or you did not willfully attempt to apply force, the intent element of the crime is missing.
Object Not Legally a “Deadly Weapon”
We may argue that the object used does not meet the legal definition of a deadly weapon in the context of your case.
False Allegations or Mistaken Identity
We’ve seen cases where clients were falsely accused due to personal vendettas, misunderstandings, or poor witness identification.
Police Misconduct or Unlawful Search
If your constitutional rights were violated during your arrest or investigation, we can challenge the admissibility of evidence through motions to suppress.
Why You Need an Experienced Defense Lawyer
A charge of assault with a deadly weapon can follow you for the rest of your life. It can affect your employment, housing opportunities, gun rights, and—if convicted of a felony—can add a strike to your criminal record.
We don’t believe in one-size-fits-all defenses. Every case is different. That’s why we tailor our approach based on the unique facts and context of your situation, whether that means fighting for a dismissal, reducing a felony to a misdemeanor, or challenging the evidence at trial.
Contact Our Firm Today
If you or someone you care about has been accused of assault with a deadly weapon in California, don’t wait. Early legal intervention can make a major difference in the outcome of your case.
Contact Carolyn L. Oliver | Criminal Defense Law Firm to schedule a confidential consultation and start protecting your freedom today. Call us at (858) 456-3572 or reach out through our secure contact form.
This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee future outcomes.
