At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients facing assault and weapons-related charges . Due to prison overcrowding, offenders who are convicted of using deadly weapons are held in prison longer and parole later than defendants who are convicted of non-violent offenses. Performance & security by Cloudflare, Please complete the security check to access. Even parts of the human body can be deadly weapons, such as feet, knees, arms, and teeth (people that are aware of their HIV+ status, who use their teeth to bite someone else or have unprotected sex with another person, may be charged with ADW or aggravated sexual assault). Factors such as the actual injury to the victim (or lack thereof), the relative ages of the victim and defendant, whether the defendant has a prior criminal record, and the strength of the prosecution's evidence will all affect the ultimate sentence. Your IP: 185.122.202.74 For these reasons, most defendants will need the assistance of an attorney familiar not only with the offense and any possible defenses, but someone who knows how these cases are typically treated by the prosecutors and judges who will handle the case. Cloudflare Ray ID: 5e667876f862e18e FREE! Under Arizona law you can be charged with assault with a dangerous weapon if you kick someone in the head when they are on the ground. Assault with a deadly weapon seems a bit far fetched to me. Judges may also impose fines and other consequences. Helping 20 Million Americans a Year for 20 Years. Do Not Sell My Personal Information. If a victim suffered an injury because of the actions of a defendant, the strategy may focus more on the intent of the contact or the use of the deadly weapon to get the charge reduced. In many states, judges have a wide degree of discretion when it comes to imposing a sentence for ADW. In short, no. Another way to prevent getting this page in the future is to use Privacy Pass. Other items which courts have held to be deadly weapons include knives, clubs, baseball bats, and hammers. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Managing Editor & Lawyer. Start here to find criminal defense lawyers near you. Instead of having a separate charge or statute for intoxication assault offenses, some states or jurisdictions will address these offenses with a reckless conduct aggravated assault charge. In contrast, Bruce Lee knowingly brought a deadly weapon- his foot, and then used it in a way that he was expert enough to know could cause deadly damage.

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