Assault and Assault with a Deadly Weapon
(Penal Code Sections 240-242)
Orange County Assault Lawyer - (714) 547-4636.
Assault is a crime where the person accused of the crime
puts the victim in reasonable fear of bodily injury;
it is not required that the person charged with this offense
actually have physical contact with the victim.
A common charge involving assault is Assault with
a Deadly Weapon (Penal Code Section 245); if a
person points a gun (or other dangerous weapon) at another
person then he can be charged with assault with a deadly
weapon. Even if the gun was not loaded and even if the
person holding the gun had no intention of using the gun
he can still be charged if the victim was in reasonable
fear as a result of the person pointing the gun at him.
Assaults can be charged as misdemeanors or felonies; generally
speaking use of a dangerous weapon will cause the matter
to be a felony, although there are exceptions to this.
Misdemeanor assaults carry a maximum of 1 year in jail although
most people accused of this crime at the misdemeanor level
may do little or no jail time with a skillful attorney.
Assault with a deadly weapon can cause a person to be imprisoned
for up to 4 years or more depending on the weapon. Assault
with a deadly weapon can also be a “strike” offense.
It should be noted that a person can be charged with assault
with a deadly weapon even if the weapon is their automobile.
Please contact
Mr. Bruzzo on any criminal matter at (714)
547-4636 or fill out the form below:
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