Is assault with a deadly weapon considered a felony charge?

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Question:

Is assault with a deadly weapon considered a felony charge?

Answer:

Assault with a deadly weapon is always a felony offense. It does not matter whether or not there were actual injuries and does not depend on the deadly weapon used. Keep in mind that even a car may be a deadly weapon if you try to hit someone with it. Assault with a deadly weapon is an aggravated assault where there is such a classification and can be a felonious assault in others.

Keep in mind that you may be charged with a felony, but depending on the circumstances, you may be able to plead to a misdemeanor. If for instance you went after someone with a stick (not a bat), you may be arrested and charged with assault with a deadly weapon (a felony). However, with the help of an attorney, the charge could be lessened to a misdemeanor especially if there were little or no physical injury.

If you are convicted of assault with a deadly weapon, the penalties can be very heavy especially if in addition to the deadly or dangerous instrument, there is intent to cause the person serious injury or disfigurement (or there is indifference to a human life). The penalties vary greatly from state to state and with the level of felony charged. The penalties can be as high as life in prison and fines in the hundreds of thousands of dollars. 

If you have been charged with assault with a deadly, you will want to seek the advice and assistance of a criminal attorney. The charges are very serious and lessening them and minimizing the penalties will be important. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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