When it comes to Van Nuys assault with the deadly weapon cases, prosecutors take these cases very seriously in the Van Nuys court. One of the biggest issues is whether or not somebody had a weapon in the assault with a deadly weapon case, because it’s necessary for an assault with a deadly weapon charge that there actually be a weapon. ADW is covered under California Penal Code 245(a)(1).
It could gun or knife or some other inanimate object that can be used. Believe it or not, I see a lot of assault with a deadly weapon being charged and filed in the Van Nuys court with somebody using a car. In other words, if you’re trying to run somebody over with a car and they can show that it’s intentional, they can charge you with assault with a deadly weapon.
There are other weapons – bats and knives – that can be used that would also fall into the category as an assault with a deadly weapon charge in the Van Nuys court case. As far as the punishments go with these assault with a deadly weapons case in Van Nuys, if it’s serious enough and somebody could have really gotten hurt, the Van Nuys prosecutors will file these assault with the deadly weapon cases and they will seek prison.
A person could be looking at a significant prison sentence when it comes with an assault with a deadly weapon case and it’s crucial that you get an attorney who has handled these cases before.
Violent Felony and a “Strike”
Some assault with the deadly weapon cases can be charged and convicted as a strike. If this occurs, it’s a violent felony and you’ll have to serve 85% of your Van Nuys sentence.
On the other hand, there are also other assaults with the deadly weapon cases that can be filed as non-strikes. They can later be reduced to misdemeanors and you can even try to get a probationary sentence in the Van Nuys court.
I’ve been handling these cases now for twenty-five years and there’s a lot that can be done in the Van Nuys court with an assault with a deadly weapon case. My office is about five or ten minutes from the courthouse and this is probably the courthouse I appear in most, so I know the tendencies of the judges and the prosecutors when it comes to an assault with a deadly weapon case.
I know the various angles and areas that we can use to try to get the best resolution in a case. Sometimes you have a complete defense of the assault with a deadly weapon charge in Van Nuys, while other times it’s a damage control or mitigation situation.
We’re really just getting your version of events as to what happened and getting your side of the story out there to a jury or the prosecutors because the police don’t always do a full defense investigation. They make a decision that they’re going to book somebody for an assault with a deadly weapon. They’re going to send it to the prosecutors in Van Nuys and they don’t really care what the defendant has to say about it.
Experienced Criminal Lawyer
This is where the defense has to put in some time, effort and investigation. I have to put my experience to bear in your favor – talk to the prosecutors and let them know what’s going on with the case and really give them a good assessment of what has happened with your version of events and all the mitigating factor related to what happened.
Sometimes you shouldn’t be charged or convicted with an assault with a deadly weapon case in Van Nuys – maybe a lesser included offense should be charged. For example, misdemeanor assault with a deadly weapon or some sort of a battery or some sort of simple assault charge.
Again, it depends on the circumstances. It depends on what evidence the prosecutors have and it’s probably difficult for you to assess it because you’ve never been charged with assault with a deadly weapon.
You’ve never gone through the court system, and that’s where I come in. We sit down and meet and go over everything. You give me all the facts and details about what happened and I will give you the best evaluation of what we should do moving forward.
I will let you know what you can to help in the defense of your assault with a deadly weapon case in Van Nuys and let me know what I’m going to do moving forward to get you the best possible result and get you out of the criminal justice system as fast as possible.
For more information on Assault With A Deadly Weapon in Van Nuys, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.