Weapons Charges And Firearms Violations Defense Attorney
A deadly weapon is not always what we think in terms of its ability to cause bodily harm. As a San Jose weapon charges attorney, Gregory Alonzo has seen cases involving charges of assault with a deadly weapon range from the use of a fist to the use of a vehicle with the intent to cause great bodily injury or death. More commonly we see cases involving guns or knives; however, depending on the circumstances involved, a number of items can be considered deadly weapons.
Basically an assault with a deadly weapon, or aggravated assault, is an attempt to commit a violent injury upon another person and having the present ability to do so. A prosecutor can opt to file the charges as a misdemeanor or a felony, which is based on a variety of factors such as the type of weapon used, whether the person assaulted actually sustained an injury and if so how the severe the injury is. The charges will be more severe if the assault was perpetrated on a “protected” person such as a peace officer, firefighter, the elderly or a developmentally disabled person.
Weapon Violations In Santa Clara County
Possession of a deadly weapon, such as a knife with a blade of two or more inches, is considered a misdemeanor in California and switchblades are outlawed completely. If you are convicted of possession of or assault with a deadly weapon, the penalties vary depending the type of weapon.
The majority of weapons charges arise from the possession of a gun, so it’s important to understand your Second Amendment rights. The law is very specific in this area as to what is required to prove a criminal intent. Like many criminal charges, weapons charges are subject to being challenged more often than not, especially with an experienced lawyer on your side. One very effective tool for defending against weapons charges is the Fourth Amendment of the United States Constitution, which protects us from unreasonable searches and seizure.
If you have been charged with a weapons violation, protect your rights and contact the Law Office of Gregory M. Alonzo for a free initial consultation.