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Topic: Assault with a deadly weapon


  
  Assault with a Deadly Weapon - Orange County Criminal Defense
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.
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.
Assault with a deadly weapon can cause a person to be imprisoned for up to 4 years or more depending on the weapon.
www.bruzzolaw.com /criminal-charges/assault-battery.html   (289 words)

  
 AGGRAVATED ASSAULT - BODILY INJURY WITH DEADLY WEAPON
Deadly Weapon is defined as any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used
In defining simple assault as it pertains to negligently causing bodily injury to another with a deadly weapon:
The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of (his/her) conduct and the circumstances known to (him/her) involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
www.judiciary.state.nj.us /charges/jury/assault3.htm   (884 words)

  
 Insufficient evidence baseball bat was used as a deadly weapon in aggravated assault by threat case [In re S.B.] ...
She raises two issues: (1) the trial court erred by including terroristic threat in the charge as a lesser included offense of aggravated assault; and (2) there was legally insufficient evidence to support the verdict of true to the charge of aggravated assault with a deadly weapon.
A person commits aggravated assault with a deadly weapon if he or she intentionally or knowingly threatens another with imminent bodily injury and if he or she uses or exhibits a deadly weapon during the commission of the assault.
An object is a deadly weapon if it is exhibited to the victim in a manner showing that the aggressor intends to use it, and it is capable of use, to inflict serious bodily injury or death if the aggressor is not satisfied.
www.tjpc.state.tx.us /publications/reviews/03/03-4-04.htm   (3973 words)

  
 State v. Yarrell, 172 NC App 135 (03-1454) 08/02/2005
Defendant was arrested and indicted for first-degree murder of McKinney, assault of Thiele with a deadly weapon inflicting serious injury, assault of Robbins with a deadly weapon, and assault of Wilkes with a deadly weapon with the intent to kill and inflicting serious injury.
The crime of assault with a deadly weapon inflicting serious injury entails: (1) an assault, (2) with a deadly weapon, and (3) infliction of a serious injury not resulting in death.
Regarding the assault with a deadly weapon inflicting serious bodily injury on Wilkes, the State provided substantial evidence that, in the light most favorable to the State, demonstrated Defendant assaulted McKinney, which resulted in an assault on Wilkes, during which Defendant used a rubber mallet as a deadly weapon that inflicted serious injuries.
www.aoc.state.nc.us /www/public/coa/opinions/2005/031454-1.htm   (2182 words)

  
 [No title]
Assault and Battery 21 (NCI4th)-- assault with a deadly weapon with intent to kill inflicting serious injury -- intent to kill -- sufficiency of evidence The evidence of defendant Cunningham's intent to kill Corey Hill was sufficient to withstand his motion to dismiss considering the nature of the assault, the weapon used, and the circumstances.
Both defendants were found guilty by a jury of first-degree murder under the felony- murder theory, of discharging a firearm into occupied property, and of the assault with a deadly weapon with intent to kill inflicting serious injury charges.
Considering the nature of the assault, the weapon used, and the circumstances, we hold that the evidence of defendant Cunningham's intent to kill Corey Hill was sufficient to withstand his motion to dismiss.
www.ibiblio.org /pub/docs/nc-supreme-court/jul2994/alexander   (4619 words)

  
 [No title]
Likewise, the evidence is insufficient to negate the necessary intent for assault with a deadly weapon with intent to kill inflicting serious injury.
Once the jury was excused, the district attorney presented evidence to the court of defendant's previous convictions for purposes of sentencing on the convictions for first-degree burglary and assault with a deadly weapon with intent to kill inflicting serious injury.
At the time of this trial, defendant's 1991 conviction for assault with a deadly weapon inflicting serious injury was on appeal to the North Carolina Court of Appeals and a final decision had yet to be rendered.
www.ibiblio.org /pub/docs/nc-supreme-court/sep1093/oliver   (5236 words)

  
 Evidence sufficient to support aggravated assault with a golf club by a juvenile on his probation officer [In re R.M.] ...
On appeal from his conviction for aggravated assault with a deadly weapon, the court of appeals found the evidence sufficient to show that the defendant used a deadly weapon even though he made no physical motion to employ the weapon and did not verbally threaten the victim.
R.M. next argues that the evidence is insufficient to show that he used or exhibited a deadly weapon because the trial court did not admit the golf club into evidence and the officers' testimony failed to establish that a golf club is capable of causing death or serious bodily injury.
The jury may consider all of the facts in determining whether a weapon is deadly, including the words of the accused, the intended use of the weapon, the size and shape of the weapon, the testimony of the victim, the severity of the wounds inflicted, and testimony as to the weapon's potential for deadliness.
www.tjpc.state.tx.us /publications/reviews/03/03-1-12.htm   (2944 words)

  
 North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
Defendant was indicted on one count of assault with a deadly weapon inflicting serious injury by superceding indictment on 20 March 2000, and as being an habitual felon by superceding indictment on 21 February 2000.
The jury was presented with three possible verdicts: assault with a deadly weapon with intent to kill inflicting serious injury, assault with a deadly weapon inflicting serious injury, or not guilty.
Misdemeanor assault inflicting serious injury, along with simple assault, are lesser included offenses of assault with a deadly weapon with intent to kill inflicting serious injury and assault with a deadly weaponinflicting serious injury.
www.romingerlegal.com /northcarolina/HTML/010859-1.htm   (1571 words)

  
 Orange County Assault and Battery / Assault with Deadly Weapon
An assault (Penal Code § 240) is an unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another.
If you know someone, or if you are someone that commits an assault or battery in Orange County with the assistance of a weapon, then that might be alleged as an assault with a deadly weapon (Penal Code § 245) which is a much more serious charge.
An assault with adeadly weapon, or ADW, is punishable as a felony or a misdemeanor, and is considered a “strike” under the three strikes law in some circumstances.
www.theoclawyer.com /Assault-Battery.html   (567 words)

  
 State v. Allred, 129 NC App 232 (97-522) 04/07/1998
The evidence in a prosecution for assault with a deadly weapon arising from a prison fight did not support a jury instruction on the lesser-included offense of simple assault where the evidence undisputedly revealed that the victim received stab wounds during the altercation with defendant.
The trial court did not err during an assault prosecution arising from prison fight by describing the weapon used by defendant as a "shank, the homemade knife or pen with the razor in it" where the State's evidence of the weapon used by defendant was uncontradicted.
Furthermore, a shank made by attaching a razor blade to a ballpoint pen would properly be denominated a deadly weapon as a matter of law when used to stab another person, because it "is likely to produce death or great bodily harm under the[se] circumstances." State v.
www.aoc.state.nc.us /www/public/coa/opinions/1998/970522-1.htm   (1409 words)

  
 Washington Courts
A person is guilty of first degree assault when, with intent to inflict great bodily harm, he assaults another with a firearm or any deadly weapon, or by any force or means likely to produce great bodily harm or death.
Assault with a deadly weapon in Washington encompasses the California assault definition and is comparable to the California crime of second degree assault with a deadly weapon.
Under Utah law, third degree aggravated assault occurs when the perpetrator assaults another person using a dangerous weapon or other means or force likely to produce death or serious bodily injury.
www.courts.wa.gov /opinions/?fa=opinions.opindisp&docid=316978MAJ   (3334 words)

  
 Weapon Charges, Criminal Defense Attorney   (Site not responding. Last check: 2007-11-02)
weapon other than a firearm, your minimum punishment is 30 days.
Penal Code Section 245 prohibits you from assaulting another person with a deadly weapon.
weapon is a firearm, then the penalties increase.
www.fredthia.com /weapons.html   (185 words)

  
 Aggravated Assault with a Deadly Weapon Oklahoma
Assault, Battery and Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.
My nephew (25 yrs old) was originally charged with 2 counts of shooting w/intent to kill, assault w/deadly weapon and eluding a police officer.
We have a criminal attorney and the DA has reduced the charges to aggravated assault with a deadly weapon.
www.expertlaw.com /forums/showthread.php?p=34559#post34559   (623 words)

  
 Windsor Assault with a Deadly Weapon
Saturday, October 1, 2005 at 8:39, PM On Saturday, October 1, 2005, Deputies from the Windsor Police Department were dispatched to the 100 block of Crickett Court on a report of a man with a gun.
The suspect Izquierdo was arrested for Assault with a Deadly Weapon, Possession of Methamphetamine, and a Gang Enhancement.
The weapon used in the crime was recovered at the Buckingham Drive residence.
www.sonomasheriff.org /cgi-bin/sheriff/newspro/viewnews.cgi?newsid1128224375,58471,   (275 words)

  
 ASSAULT 7'?m5f Assault with a deadly weapon: the tongue
ASSAULT 7'?m5f Assault with a deadly weapon: the tongue
WIFE -- I'm not guilty of assault with a deadly weapon.
LAWYER -- Unfortunately, assault with a deadly tongue is a habitual crime.
www.fea.net /Bobsnook/stg/tp/assault.htm   (969 words)

  
 VPC - Concealing the Risk
Adjudication withheld on a felony--aggravated assault with a deadly weapon
The next month Fernandez was arrested for aggravated assault with a firearm after pointing one of two firearms he had in his car at another motorist who had cut him off in traffic.
In January 1995 Weiss was found guilty of battery and improper exhibition of a deadly weapon, crimes of violence, and was sentenced to one year probation, no further contact with his victim, and the forfeiture of his firearm.
www.vpc.org /Studies/cr1gun.htm   (768 words)

  
 Assault with a Deadly Weapon, Orange County Criminal Defense Case Results
Assault with a Deadly Weapon, Orange County Criminal Defense Case Results
I was charged with Penal Code Section 245(b) (Assault with a semiautomatic firearm), Penal Code 422 Section (Terrorist Threats) and Penal Code Section 12031(a)(1) and (a)(2)(B) (Carrying a Loaded Firearm in Public); I faced a maximum of 15 years in prison for these offenses.
I had to plea guilty to carrying a loaded weapon because I had confessed it to a police officer.
www.bruzzolaw.com /case-results/deadly-weapon.html   (362 words)

  
 All Headline News - 11-year-old On Trial for Deadly Weapon Assault - September 24, 2006   (Site not responding. Last check: 2007-11-02)
Fresno, CA (AHN) - The trial of an 11-year-old girl arrested on a deadly weapon charge is scheduled to begin Wednesday after her attorney and prosecutors are unable to agree on a plea bargain.
Cuevas was sent to Fresno's juvenile hall for five days and also spent a month under house arrest after police reported she resisted arrest and assaulted an officer.
Fresno's mayor and police chief, however, feel Maribel's case was handled appropriately, and that assault with a deadly weapon is the proper charge for an act that could have been fatal.
www.allheadlinenews.com /cgi-bin/news/newsbrief.plx?id=2246184602&fa=1   (274 words)

  
 LawKT.com: Law Firm Publications on Deadly Weapon
After a series of fits and starts, the jury reached guilty verdicts on one count of second-degree murder, one count of attempted murder, two counts of attempted robbery, two counts of assault with a deadly weapon, and one count of assault with a firearm.
The Attorney general opined that it is indeed a violation of the letter and spirit of the law stating that "a deadly weapon does not cease to be such by becoming temporarily inefficient." Cal. Ops.
It contains a puzzling set of documents--a police report describing the arrest of someone he's never heard of for assault with a deadly weapon, and the lab report on a knife (showing blood traces) seized from the suspect's apartment.
www.lawkt.com /pubs/Deadly_Weapon.html   (357 words)

  
 Boston Felony Gun Charges Attorney Massachusetts Assault with a Deadly Weapon Lawyers MA Carrying a Concealed Weapon   (Site not responding. Last check: 2007-11-02)
To discuss your weapons violations case today, contact my firm to schedule an appointment with me, Joseph M. Griffin, Jr., in downtown Boston.
It is important that the charges against you in relationship to violation of gun laws be reduced as much as possible, so you can retain your right to own a gun and not endure the restrictive penalties mandated by the gun laws of the Commonwealth.
As an experienced weapons charges defense lawyer, I have experience negotiating with courts and local license issuing authorities.
www.massachusettscriminalattorneys.com /WeaponsCharges.shtml   (469 words)

  
 ESPN.com - Parent guilty of aggravated assault with deadly weapon
Parent guilty of aggravated assault with deadly weapon
CANTON, Texas -- An East Texas jury on Monday found a man guilty of aggravated assault with a deadly weapon in the shooting of a high school football coach.
The jury rejected a charge of aggravated assault on a public servant in favor of the lesser charge.
sports.espn.go.com /espn/print?id=2347032&type=story   (407 words)

  
 California Assault & Battery Attorneys San Jose Physical Assault Defense Lawyers Sexual Assault
At Hinkle, Jachimowicz, Pointer and Mayron, our experienced California assault and battery attorneys have been providing criminal defense to the citizens of San Jose for more than 30 years.
Assault and battery (threatening and then using force to inflict injury)
Domestic assault, domestic battery (child abuse, spousal abuse)
www.hjpmlaw.com /practiceareas/Assault-Battery.asp   (214 words)

  
 Courtney Love pleads not guilty to felony assault with deadly weapon - Courttv.com - Trials
Courtney Love pleaded not guilty to felony assault at Los Angeles Criminal Court Wednesday.
Rocker Courtney Love, accused of attacking a woman with a liquor bottle, pleaded not guilty to one count of felony assault with a deadly weapon Wednesday in a Los Angeles courtroom.
Love, 40, allegedly threw a bottle of Johnny Walker Red Label at singer Kristin King on April 25 after finding her asleep on the couch in the home of Jim Barber, Love's former boyfriend and manager.
www.courttv.com /trials/love/111004_assault_ctv.html   (583 words)

  
 Assault and Battery Orange County, Southern California   (Site not responding. Last check: 2007-11-02)
Many people believe that "assault and battery" is one crime, but actually, they are two separate crimes.
An assault is an attempt to violently injure another person.
Normally, assaults and batteries are misdemeanors with a maximum punishment of six months and/or
www.fredthia.com /ab.html   (138 words)

  
 Assault with a deadly weapon - Editorial   (Site not responding. Last check: 2007-11-02)
Charged with aggravated sexual assault, Smith stands accused of knowingly carrying the HIV virus without telling his sexual partner, a woman from Surrey, B.C. It is alleged that they carried on an adulterous affair for almost a year and a half.
Aggravated sexual assault is the strongest type of assault allegation.
The word aggravated is used when the alleged perpetrator was armed with a deadly weapon disguised as something else, in order to get what he wanted.
www.theconcordian.com /news/2005/11/09/Editorial/Assault.With.A.Deadly.Weapon-1052291.shtml   (364 words)

  
 prAssaultWithDeadlyWeapon.htm   (Site not responding. Last check: 2007-11-02)
Parker was transported to UNC Hospitals where he remains in stable condition.
Officers subsequently charged Laperry Lashawn Snipes, of 910 Linwood Avenue, Durham, NC, with assault with a deadly weapon with intent to kill inflicting serious injury and possession of a stolen firearm.
Snipes was also served with an outstanding warrant for assault on a female.
townhall.townofchapelhill.org /police/Press2005/prAssaultWithDeadlyWeapon.htm   (110 words)

  
 11 year old girl charged with assault with a deadly weapon - Buzzlife Message Board
FRESNO, Calif. - Advocates for an 11-year-old girl who was arrested on a deadly weapon charge for throwing a 2-pound rock during a water balloon fight say the charge in no way fits the crime.
But Fresno's mayor and police chief say Maribel Cuevas's case was handled appropriately, and that assault with a deadly weapon is the proper charge for an act that might have had fatal consequences.
Elijah Vang, the boy who was injured by Maribel and who has acknowledged throwing a water balloon at her, was expected to testify at the trial.
www.buzzlife.com /forums/showthread.php?t=62044   (987 words)

  
 Bloghardt's Reflector - Larceny & Assault with a Deadly Weapon
Bloghardt's Reflector - Larceny & Assault with a Deadly Weapon
"Johnson was arrested and charged with larceny and assault with a dangerous weapon.
Re: Larceny & Assault with a Deadly Weapon
blog.higherthings.org /borghardt/article/364.html   (176 words)

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