Classified by an action with intent to harm, an assault charge can be a serious offense. An aggravated assault is even more serious, since it involves an assault with a deadly weapon.

In 2016 alone, the FBI reported an estimated 803,007 aggravated assaults in the nation. Unfortunately, many individuals are not actually familiar with charges associated with assault and the use of deadly weapons, which can lead to poor decisions and insufficient justice. This guide and your attorney will help you understand and navigate an "assault with a deadly weapon" charge.

The 411 on the Charge

Firstly, you need to understand what exactly you are being charged with. One surprising fact regarding an aggravated assault with a deadly weapon charge is that no actual physical harm has to occur.

Even if the victim was able to leave the scene before any actual physical injuries occurred, the actual intent to harm the victim physically with some sort of deadly weapon is a crime in itself. In addition, if the victim THOUGHT or FELT like they were going to be harmed, the assailant can still be charged with an aggravated assault.

It is important to remain calm if you were recently arrested and charged with an assault using a deadly weapon. The charge is considered a felony, so you will be at risk of jail time and overwhelming financial distress. Depending on your specific state and your case, you may face one to twenty-five years in prison.

Hiring a criminal defense lawyer is imperative to ensure your case is handled in the most effective, efficient, and legal manner. Your attorney will discuss your options in regards to pleading your case. Of course, pleading guilty or not guilty are both options to consider. However, stating that the assault was committed by accident or in self-defense are also possible solutions to avoid prison time or to reduce your sentence.

The 411 on Deadly Weapons

Another thing you need to know regarding an assault with a deadly weapon charge is what exactly is classified as a deadly weapon. Some of the answers will surprise you.

Obviously, items that are known for causing injury and sometimes death are considered deadly weapons. Guns are one of the most commonly known deadly weapons. Guns include pistols, shotguns, rifles, or even machine guns.

Other deadly weapons that are obvious include knives and swords or even switchblades and pocketknives, throwing stars, and brass knuckles. Explosive devices, such as grenades and bombs, are also considered deadly weapons.

However, there are a few "deadly weapons" that may surprise you. If assault occurred using a stick, pipe, rock, wrench, hammer, other household tool, or even a belt, the item may become a deadly weapon, which increases your assault charge to an aggravated assault. Finally, and maybe even most surprisingly, a vehicle may be considered a deadly weapon. If a vehicle was used to run an individual over purposely or by accident, the driver would be charged with an aggravated assault using a deadly weapon.

DUI charges may also become aggravated assaults. If you were operating a vehicle while under the influence of drugs or alcohol and caused an accident that injured or killed someone, the vehicle may be considered a deadly weapon. Each and every case is different, so discussing your charge and options related to your case with an attorney is key.

After you are charged, your attorney will offer suggestions based on your specific case and your financial needs to ensure you receive fair and just treatment. This guide and your attorney will help you understand and navigate an assault with a deadly weapon charge. Contact a law firm like the Walter Bailey Law Firm for additional information.