Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Assault with a deadly weapon is a crime in which you attack or threaten someone with a dangerous weapon or object. A prosecutor must prove the following two elements to successfully convict you of this offense:
In general, you commit the offense of assault if you attempt or threaten to injure someone.
Most states say that a “deadly weapon” is an object that can kill someone or cause great bodily injury. Examples include obvious dangerous weapons like guns and knives.
But note that certain other objects, like rocks, glass bottles, and even body parts, can be deadly weapons as well. A judge or jury typically makes the determination by analyzing all of the facts in a given case.
Assault with a deadly weapon is often referred to as “ADW.”
Assault with a deadly weapon is considered an aggravated form of assault in most jurisdictions. You commit the offense if you:
Common examples of ADW include:
Questions in ADW cases often arise as to the meaning of:
You are generally guilty of assault if you:
Note that a charge of assault does not require that you actually:
Assault is usually compared and contrasted with the crime of battery. Battery is the crime where you actually touch someone in an offensive manner, and it causes some type of harm.4
Assault, then, is perhaps best thought of as an attempted battery, while a battery is like a completed assault.
In the context of an assault with a deadly weapon charge, most states say that a “deadly weapon” is any type of weapon or object that is capable of producing death or great bodily injury.5
Some states say that certain weapons are “per se” or by themselves, deadly weapons. This means that a prosecutor does not have to introduce any evidence to prove that the weapon is in fact deadly.
Common examples include:
States that recognize deadly weapons per se often identify them in a specific statute or criminal law.6
It may. If a weapon is not per se deadly, a judge or jury can label it as deadly by analyzing the facts of a case.
For example, a golf club is not a deadly weapon on its face. But a judge or jury may find it deadly if a defendant swung it at a “victim” in a fit of rage.
Some other examples of not so obvious deadly weapons include:
Some states have ruled that a person’s body parts can indeed be deadly weapons.9
Examples of body parts that have been found to be deadly weapons include:
In states that do consider body parts as weapons, a judge or jury will determine if they are deadly by analyzing the facts of the case. Some factors that a judge or jury may consider are:
Note, though, that while some states have ruled that body parts can rise to the level of deadly weapons, other states have said that “weapons” are limited to objects external to the body.11
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.