Criminal Defense Lawyers

Assault With A Deadly Weapon

Assault With A Deadly Weapon: What It Means and How to Defend Yourself

You’re here because you or someone you know has been charged with assault with a deadly weapon, right? Well, take a deep breath, because this is serious stuff. But, don‘t panic – we‘re going to break it all down for you in a way that’s easy to understand.First things first, what exactly is “assault with a deadly weapon“? It’s a criminal charge that alleges you threatened or attempted to injure someone using a dangerous object or instrument. Now, that “deadly weapon” part might sound intense, but it doesn’t necessarily mean you had a gun or knife. Everyday items like baseball bats, bottles, or even your own hands can be considered deadly weapons if used to threaten harm.

Understanding the Charges

So, let‘s dive into the nitty-gritty of these charges. There are typically two main ways you can face an assault with a deadly weapon charge:

1. You threatened someone with a deadly weapon. This means you didn’t actually strike or injure the person, but you brandished or pointed a weapon at them in a threatening manner. The key here is that your actions made the victim reasonably fear they were about to be hurt or killed.
2. You attempted to injure someone with a deadly weapon. Maybe you swung that baseball bat or threw that bottle, but you missed or the victim was able to dodge it. Even though no one got hurt, the attempt alone can lead to charges.

Now, the penalties for these charges vary widely depending on the specifics of your case and the laws in your state. In some places, it’s just a misdemeanor that might get you probation or a short jail stint. But in others, especially if the victim was injured or it’s considered an aggravated assault, you could be looking at years behind bars.

Your Rights and Defenses

Okay, so now you know what you’re up against. But, don’t throw in the towel just yet – there are a number of potential defenses your criminal defense lawyer can explore:

Self-Defense: If you reasonably believed you or someone else was in imminent danger of being unlawfully hurt, and you used an appropriate level of force to protect yourself or others, self-defense may apply. The tricky part is proving your fear was reasonable and your response proportional.

Defense of Property: In some states, you‘re allowed to use non-deadly force to protect your property from trespassers or thieves. But, this defense gets murky if a deadly weapon was involved.

Accidental Threat: Maybe you were just horsing around and didn’t actually intend to threaten anyone with that “weapon.” Your lawyer can argue it was all just a misunderstanding.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Mistaken Facts: If you had an honest, reasonable belief about the situation that turned out to be incorrect, the law may view your actions differently.The bottom line is this: the prosecution has to prove beyond a reasonable doubt that you committed the crime as charged. Your defense attorney’s job is to poke holes in their case and present an alternative narrative that raises reasonable doubt.

Choosing the Right Lawyer

Okay, so now you know a bit more about assault with a deadly weapon charges and some potential defenses. But who you choose to represent you is absolutely crucial. You need a criminal defense attorney who:

• Has specific experience defending assault and weapons cases
• Will take the time to thoroughly investigate your case and all possible defenses
• Isn’t afraid to take your case to trial if needed to fight the charges
• Keeps you in the loop and explains everything in a way you can understand

In other words, you need a lawyer who will leave no stone unturned in protecting your rights and freedom. Don’t just go with the cheapest option or whoever your buddy recommends – this is your life we‘re talking about here.At Spodek Law Group, our seasoned criminal defense attorneys check all those boxes and more. We’ve successfully defended countless clients against assault, weapons, and violent crime charges in state and federal courts. We know the games prosecutors play and the tactics they use to try to secure convictions. More importantly, we know how to counter those tactics and fight for the best possible outcome for you.

What to Expect When You’re Charged

Okay, let‘s walk through what typically happens when you’re charged with assault with a deadly weapon:First, you‘ll likely be arrested and taken into custody if you weren‘t already. The police will read you your Miranda rights, which include the right to remain silent and have an attorney present during questioning. Exercise those rights – don’t try to talk your way out of it or explain yourself to the cops. Anything you say can and will be used against you.Next, you‘ll go before a judge who will set bail conditions or possibly release you on your own recognizance while awaiting trial. This is where having a skilled criminal defense lawyer is crucial – they can argue for reasonable bail terms that don’t keep you locked up unnecessarily before you‘ve been convicted of anything.From there, the prosecution will gather evidence and witness statements to build their case against you. Your lawyer will simultaneously conduct their own investigation, interview witnesses, review any video footage or physical evidence, and start mapping out a defense strategy.Depending on the facts of your case, there may be opportunities to get the charges reduced or even dismissed through skilled negotiation with prosecutors. Or your lawyer may advise taking the case to trial if the evidence is lacking or self-defense or another justification applies.No matter which route your case takes, having an experienced assault with a deadly weapon defense lawyer in your corner from the start is absolutely essential. Don‘t try to navigate this legal minefield alone.

Potential Penalties and Sentencing

If you are convicted of assault with a deadly weapon, the potential penalties you face depend heavily on the specific circumstances and laws in your jurisdiction. Some general possibilities include:

• Misdemeanor charges: Up to 1 year in county jail, probation, fines, counseling/classes
• Felony charges: 1 year to 20+ years in state prison, substantial fines, probation
• “Strike” offenses: If charged as a violent felony, it could count as a “strike” against you under three-strikes laws, leading to harsher sentences for any future felony convictions
• Aggravating factors: Harsher penalties if the victim was vulnerable (young, elderly, disabled), if you have prior convictions, if a firearm was used, if the crime was gang-related, etc.

The key factors courts will look at during sentencing include the specific facts of the crime, your criminal history, the harm/potential harm to the victim, and whether you show remorse or take responsibility. An experienced criminal defense lawyer knows how to present mitigating evidence and arguments to push for the most lenient sentence possible.