Due to the fact that it is a crime of violence, a charge of assault is considered a serious offense in every state. However, some types of assault are even more serious. Assault with a deadly weapon is one of the most serious. This does not mean that you do not have options. Keep reading to find out how your criminal defense attorney can help you and then contact Law Offices of Patrick S. Aguirre at 800-572-1252 for your free legal consultation.
The Definition of a “Deadly Weapon”
If a person uses a firearm during the commission of an assault, then it is easy to classify that as a deadly weapon. However, firearms are not the only weapons that are considered “deadly.” The law considers a weapon “deadly” if it is likely to cause death or great bodily harm. This could include a knife, rock, brick, or even a heavy-duty boot.
The Prosecution Must Prove Several Factors
In order for the prosecution to get a conviction for aggravated assault with a deadly weapon, they must prove all three elements of the crime beyond a reasonable doubt:
- That you intentionally threatened the victim with a deadly weapon;
- That the threat caused a reasonable fear for their safety;
- That you attempted to or applied physical force with the victim.
Additionally, the prosecutor is required to prove that the weapon was deadly or that it was used in a way that could have been deadly. If they are not able to prove all of this then they do not have a valid case.
Your Defense Options
There are a number of defense options and the best choice for you will depend on the specifics of your case. If you were not involved at all then we may be able to show that they have got the wrong person entirely. If you were acting in self defense or were defending someone else, we will work to find evidence to support that. We may show that the actions you took were accidental and that you had no criminal intent.
Your Attorney May Work to Negotiate the Best Possible Plea Deal
Of course, if there is a wealth of evidence against you, including physical evidence, eyewitness testimony, etc., then the best way forward may be to work to find the best possible plea deal. When you work with Law Offices of Patrick S. Aguirre, that is just what we will do. Whether we work to have the charges lowered or work out a creative sentencing deal that reduces the penalties, we are standing by to help.
Contact us today at 800-572-1252 for your free initial consultation.