Deadly weapons can aggravate an already grave crime of assault. And while most of these charges involve guns and knives, the definition of weaponry might be more expansive than you’d think. You might have even more questions regarding the penalties.
The laws on assault with a deadly weapon in New York State can be complex and confusing. The punishment can be severe enough to land you life in prison in some instances. Accused persons should consider working with a seasoned Long Beach criminal defense attorney who can elaborate on what is at stake.
How Serious is the Offense of Assault with a Deadly Weapon in California?
Evaluating the seriousness of an assault incident might not matter whether you assaulted someone with metal knuckles, plastic knuckles, blackjack, billy, dagger, knife, or a loaded weapon. Your intentions could determine the degree of the charges.
First Degree
The offense might be in the first degree if the accused person allegedly did it with intentions to seriously injure the other person.
Second Degree
Assault with a deadly weapon in this degree is similar to the offense in the first degree. The intentions, however, differ. Your intentions in the second degree would be to injure the victim, though not seriously.
Third Degree
You might be charged with the offense in the third degree if you injure someone with a deadly weapon out of criminal negligence.
Is the Offense a Felony or a Misdemeanor?
Assaulting with a deadly weapon in Long Beach can be a felony or a misdemeanor, depending on the nature of the offense. If you injured someone out of criminal negligence, your crime might be considered a Class A misdemeanor.
Offenders that only intended to injure the other person are usually charged with a crime in the Class D felony. The offense might be a Class B felony if the intentions were to seriously injure the victim. Slight mistakes of facts can quickly shift an assault with a deadly weapon offense to a more severe category.
How Does the California Law Categorize Offenders of Assault?
While misdemeanors generally receive lighter sentences than felonies, a person’s criminal history significantly impacts their punishment.
Persistent Felony Offender
These are persons with two or more felony offenses in their records in their criminal records.
Violent Predicate Offender
This means that you have had a violent felony conviction at least once in the last decade.
Non-Violent Predicate Offender
People convicted of a non-violent felony in the past ten years fall in this category.
No Prior Convictions
This category includes people that have had no felony convictions in the past decade.
Knowing the type of offender you are can help you prepare for the possible consequences of a conviction.
Your Long Beach assault and battery lawyer can also use this information to negotiate the best possible outcomes for you.
What is the Maximum Sentence for Convicts of Assault with a Deadly Weapon?
If you are convicted of a misdemeanor form of the offense, the highest jail term you can get is one year. Felony offenders get longer imprisonment periods, with the maximum depending on the Class of the felony and whether they are repeat offenders.
The maximum possible jail term for Class B felonies is 25 years, and the upper limit for Class D felonies is seven years. Persistent offenders can exceed these limits, and even get life imprisonment in some instances.
How Many Years in Prison Can One Spend For Assault With a Deadly Weapon?
If you are charged with assaulting someone with a deadly weapon, it might help to know what to expect in Long Beach, New York.
Class B Felony
If your actions were classified as a Class B offense, you risk:
- 15-20 years or life imprisonment for persistent felony offenders
- 10-25 years for violent predicate offenders
- 8-25 years for non-violent predicate offenders
- 5-25 years for people with no prior convictions
Class D Felony
Assault with a deadly weapon under Class D felony comes with the following prison terms:
- 12-15 years or life imprisonment for persistent felony offenders
- 5-7 years for violent predicate offenders
- 3-7 years for non-violent predicate offenders
- 2-7 years for offenders with a clean criminal record
An assault and battery attorney in Long Beach, CA, can help accused persons get the minimum possible sentence in their category. Remember that this needs strategic defense, which should begin as soon as you contact them.
Can a Convict of Assault With a Deadly Weapon Get Alternative Sentencing?
Convicts of assault with a deadly weapon often get post-release supervision or probation as part of their sentencing. However, people convicted of the offense as a misdemeanor can get alternative sentencing without incarceration. Probation is usually:
- 3 years for misdemeanors
- 5 years for felonies
Post-release supervision might be mandatory if you are found guilty of assault with a deadly weapon in the first and second degrees. The period is usually:
- 2.5 to 5 years for Class B felonies
- 1.5 to 3 years for Class D felonies
What are the Rules for Post-Release or Probation in Long Beach?
The specific rules for your alternative sentence vary from case to case, and from person to person. But it could include:
- Having a job or school enrollment
- Sticking to a curfew
- Refraining from consuming alcohol or drugs
- Not purchasing, possessing, or owning a gun
- Not leaving the state without permission
- Regularly reporting to a parole officer
- Submitting to home visits by the parole officer
- Consenting to warrantless searches
- Submitting to drug testing
- Not possessing drug paraphernalia or controlled substances
- Not visiting disreputable or unlawful places
- Not associating with people with criminal records
- Not committing a crime
Ensure that you work with a reputable Long Beach assault and battery lawyer that can break down the rules.
Build Strategies That Can Keep You Out of Jail
Assaulting another person with a deadly weapon is clearly a grave offense that comes with several harsh consequences. If you don’t get legal guidance, you can easily get unfavorable outcomes that can ruin your life.
An assault defense lawyer with years of experience can keep you out of jail. Speak to our skilled attorney today to discuss your charges for the best possible outcomes.
