Oddly enough, beating someone with your fists could be called simple assault, but threatening someone with a bat would be regarded as aggravated assault because the threat involved a deadly weapon. § 784.021). California Penal Code [CPC] §245(a)(1) – Assault With A Deadly Weapon – Assault With A Deadly Weapon occurs whenever anyone assaults another person with a deadly weapon, or a weapon other than a firearm, or when anyone assaults another person using force likely to produce great bodily injury. Assault with a deadly weapon occurs when a person commits assault with a deadly or dangerous weapon. Assault with a deadly weapon first offense I hit someone with a wood cane 2-3 times , i was charge with aggravated assault with a deadly weapond , simple assault , conspericy assault. 2d 1383 (Fla. 1st DCA 1985). Aggravated felonies can usually result in punishment from two to thirty years. Aggravated assault with a deadly weapon is a serious case. Punishments for Assault with a Deadly Weapon. Contact our criminal defense lawyers today to learn more during a free case review: 407-228-3838. We have seen it in the context of domestic violence, DUI, aggravated battery (in a road rage context), street racing / reckless driving / exhibition of speed, mayhem as against a pedestrian, and in juvenile matters. Essentially, Aggravated Assault is an assault with an additional act consisting of the use of a deadly weapon or the intent to commit a felony. For example, someone may be charged with aggravated assault for merely threatening someone with a deadly weapon. California Penal Code § [Section] 245(a)(1) – Assault With A Deadly Weapon. Other factors, like the age of the victim or the extent of the injury, can result in an even higher level of punishment. Larkins v. State, 476 So. For instance, assault with a weapon will be considered to be aggravated assault. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Assault with a deadly weapon is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts of … A lot depends on the severity of the crime. This is my first offence and i goto school still and work. It is grouped together with high level felonies like Murder, Sexual Assault, and Aggravated Kidnapping under former Article 42.12, Section 3g of the Texas Code of Criminal Procedure. Assault does not require an intent to injure, only the intent to cause the victim fear of an immediate attack. The crime of Aggravated Assault With a Deadly Weapon is extremely serious. In Arizona, assault with a deadly weapon is considered aggravated assault. It is often charged as attempted murder, rather than assault with a deadly weapon … While being charged with the same crime the punishment would be different for each of these people. Intent to Threaten Violence ... Because the crime is a dangerous offense, penalties include five (and up to … For example, pointing a handgun at another person to scare him or her is considered aggravated assault. (Fla. Stat. Punishment Consequences of “3g” Offenses. On the hand, someone may be charged with causing serious bodily injury to a person. Assault with a deadly weapon is a felony level offense. The assault with a deadly weapon sentence and punishment depend on whether the offense is charged as a misdemeanor or felony. The assault was made either with a deadly weapon or with a fully formed conscious intent to commit a felony.