PC §100(A) - ASSAULT WITH A DEADLY WEAPON

CLASS D MISDEMEANOR

DEFINITION

Any person who attempts to cause or threaten immediate harm to another whilst using a weapon, tool, or other dangerous items to communicate that threat. Any person who commits an assault upon another person with a deadly weapon or instrument, not including a firearm.

ELEMENTS OF OFFENSE

To prove assault with a deadly weapon, prosecutors typically need to establish the following elements:

• The defendant intentionally used a deadly weapon or object capable of causing serious bodily injury.

• The defendant's actions caused the victim to have a reasonable apprehension of immediate harm or actually caused such harm.

• The defendant's actions were not justified or excused by self-defense or other legal justification.

DEGREE(S) OF ASSAULT

Assault with a deadly weapon charges may be categorized into different degrees based on the severity of the offense, the intent of the perpetrator, and the resulting harm to the victim. For example:

• First-degree assault: Involves the intentional use of a deadly weapon with the intent to cause serious bodily injury or death.

• Second-degree assault: Involves the intentional use of a deadly weapon without the specific intent to cause serious bodily injury or death but still results in harm to the victim.

DEFENSES

Defendants accused of assault with a deadly weapon may raise various defenses, including:

• Self-defense: Claiming that the defendant acted in reasonable self-defense to protect themselves from harm.

• Defense of others: Claiming that the defendant acted to protect another person from harm.

• Lack of intent: Arguing that the defendant did not intend to cause fear or harm to the victim.

• Mistaken identity or alibi: Providing evidence that the defendant was not present at the scene of the alleged assault.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

40 SECONDS OF JAIL TIME.

RESTRAINING ORDER

A RESTRAINING ORDER CAN BE GIVEN BETWEEN THE SUSPECT AND VICTIM.

BOND SET

$4,000.00