Indianapolis Criminal Defense Lawyers
Assault with a Deadly Weapon
Assault with a deadly weapon is the act of menacing another person with a weapon that could cause death, usually a gun or knife. This form of assault does not include the action of using force, called battery, but it can lead to assault and battery charges. When a person purposely or knowingly causes bodily injury to another person by using a deadly weapon, it is considered to be aggravated assault. In order for a defendant to be convicted of assault with a deadly weapon, it must be proved that:
- That the defendant caused bodily injury to another (physical pain, illness, or impaired physical condition).
- That the defendant caused the bodily injury by using of a deadly weapon.
- That the defendant acted purposely, knowingly (or when facts require....recklessly).
Indianapolis Attorneys Representing Those Facing Assault and Weapon Charges
Assault with a deadly weapon is commonly charged in conjunction with assault and battery charges in Indianapolis. With assault charges, it is not required that the person charged with this offense actually have physical contact with the victim, only that the victim had reasonable fear of bodily injury. If a person points a gun or another dangerous weapon at another person, they can be charged with assault with a deadly weapon. Even if the gun was not loaded and the person holding the gun had no intention of using the gun, they can still be charged if the victim was in reasonable fear as a result of the gun being pointed at them.
Assault can be charged as either a misdemeanor or felony, depending upon the specific circumstances present during the crime. Usually theuse of a dangerous weapon during an assault will cause the matter to be a felony, although there are exceptions to this. If convicted of assault with a deadly weapon, a person can be imprisoned for up to 4 years or more depending on the weapon that was used. An Indianapolis criminal defense attorney can provide you with the representation you will need to have a chance of overcoming the assault and weapon charges against you.
Contact an Indianapolis criminal defense lawyer today for help!