One can be charged with ADW in the State of California by assaulting (Link to Assault) someone with either a deadly weapon or with means of force likely to produce great bodily injury.
A deadly weapon can be anything from a gun to a shoe to a cinder block – almost anything in some way, shape or form can be used as a deadly weapon.
Under California law, ADW can be charged as either a misdemeanor or a felony. The degree of the penalty will depend on a few factors, including:
The maximum penalty for a misdemeanor ADW is one year in county jail.
A felony ADW is typically sentenced with 2, 3 or 4 years in state prison. However, sentences can go much higher if the weapon used was a firearm or the victim was a protected person.
There are several issues a good lawyer can bring up to defend an Assault with a Deadly Weapon charge, including:
Mistaken identity- through the commotion the “victim” falsely accused someone of committing the act when in reality it was someone else
You did not use a deadly weapon
You did not use force likely to cause great bodily harm