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I?m Charged With Assault With a Deadly Weapon in San Diego ? What Should I Do Next?

By Walin & Klarich

Assault with a deadly weapon under California Penal Code section 245 is a very serious criminal charge. This charge can be filed as a felony or a misdemeanor, and the person may be sentenced up to four years in state prison. However, if a person commits an assault with a semiautomatic firearm, he or she may be punished by imprisonment up to nine years. Moreover, when a person commits an assault with a machinegun, the maximum prison term may be extended to twelve years. Assault with a deadly weapon may be qualified as a "strike" under the three strike law. Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence will be doubled unless the court "strikes a prior strike...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 19, 2011 (boomark / email).