Assault With Deadly Weapons

Assault with Deadly Weapons – 245

Assault with a deadly weapon or firearm can be charged as assault or battery, depending on the situation.

Penalties for assault with a deadly weapon depend on the type of firearm used. An assault with a handgun can be charged as a misdemeanor or felony, according to the prosecutor. Whether or not there’s an injury, and whether or not the defendant intended injury doesn’t matter for the charge. One can be charged with assault even if they only threaten or attempt and act that could cause injury. Penalties include:

  • at least six months and up to one year in county jail if charged as a misdemeanor
  • two, three, or four years in state prison if charged as a felony
  • a fine up to $10,000
  • if charged as a misdemeanor, probation up to one year; if charged as a felony, up to four years, and
  • restitution.

There are enhanced penalties for assault with a deadly weapon against a police officer or firefighter. The charge is a felony and punishable by four, six, or eight years in state prison, as well as probation up to eight years and restitution.

If the weapon is a stun gun, or similar that is less deadly, penalties are lessened, but can still be charged as a misdemeanor or felony.

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