How is Assault with a Deadly Weapon Prosecuted in Sacramento?
Assault with a Deadly Weapon is considered to be a “wobbler” crime. That means that the prosecution has the discretion to charge the case as either a misdemeanor or a more serious felony. Whether you are charged with a felony or a misdemeanor will depend upon factors including:
- What was the extent of the injuries?
- What type of “weapon” was used?
- Do you have any priors?
Wobblers provide your defense attorney with the unique opportunity to negotiate for the lesser charge. This argument will minimize your potential penalties and is starting point towards working for the dismissal of your charges or acquittal at trial.
Defenses in an Assault with a Deadly Weapon Case
Remember that you are innocent until proven guilty. That means that even though you’ve been accused of a crime, the prosecution must prove certain elements to make their case. We will attack each of these elements.
- Prosecution must show that you have the required intent. We may argue that the crime was an accident – it was involuntary and unintentional.
- We may argue that you acted in self defense.
- Our investigator may gather statements and then present mitigating evidence and character witnesses.
Assault with a deadly weapon is a serious crime, but defensible. The partners at Spaulding Campi have successfully defended clients facing assault and battery charges in Sacramento, Placer and Yolo counties for over 20 years. We have the knowledge and the experience to win your case.