A Legal Guide For Penalties Over Weapon Usage
California is a country that takes its laws very seriously and obeys them. Being one of the most strict countries when you talk about legal activities, California does encourage any of its residents to have possession of any armed weapons with themselves until and unless required by the law. When you are found having such weapons, the legal entities have been really rough on the people found guilty. The impacts for the same can be very negative and may haunt you for a lifetime.
The state of California defines the crime of assault with a weapon under penal code 245(a)(1) when a person tries to attack or attacks the other party with a weapon to physically harm them. In any fight where the mentioned penal code is charged the penalties could be much more severe. If you are being charged for the same crime, you should read the following information to know about all the details mentioned by experienced criminal defense lawyers San Diego from Salmu Law firm.
The subsection of PC 245(a)(1) that is (a)(1) states that all the weapons except for firearms used in any kind of assault will be termed as a serious crime and is not legally acceptable. In case you have already have been charged with penal code 245(a)(1), there are still some options by which you could get the penalties imposed on yourself reduced by some margin-
By hiring experienced criminal defense attorneys for you to do plea negotiations in front of the prosecutor.
Another option is through penal code 17(b) motion in California under which a defendant has the right to file a petition in the court to demand the felony to be reduced and considered a misdemeanor offense.If the defendant is convicted under felony offense he/she may be sentenced to up to 4 years of jail with a fine of up to 10,000 dollars. On the other hand, if you are convicted under a misdemeanor offense the imprisonment can be up to a year with a fine of up to 1,000 dollars.
How Can You Defend Yourself Under Weapon Charges
If you have been charged already, you may defend yourself completely in the following cases-
Self Defense- This stated that you used the weapon for your personal defense so that the other party did not harm you.
The action involving the usage of such a weapon was not on purpose and is to be considered as not a willful act.
Lastly, the allegations put on you for such a case are totally false and you have a valid witness for the same.
To find out more, contact Salmu Law Firm San Diego.