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How to Find Information on Penalties for Assault With a Deadly Weapon

Assault with a deadly weapon is the act of menacing another person with a weapon that could cause death. This is usually a gun, but it doesn't need to be. This form of assault does not include the action of using force, called battery, but it often leads to assault and battery charges. Understandably, stiff penalties are involved. Here are ways to find information on this charge.

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    Instructions

      • 1

        Visit a university law library for information on the penalties for assault with a deadly weapon. Or research online using legal Web sites like Nolo (see Resources below).

      • 2

        Find a lawyer experienced in criminal law to help you understand the charges for assault with a deadly weapon. You can find free legal counsel by contacting local law offices and inquiring about legal aid programs. You have a right to a lawyer even if you can't afford one under the Sixth Amendment.

      • 3

        Confirm which deadly weapon was allegedly used. The penalty for assault with a deadly weapon can vary according to the weapon.

      • 4

        Mitigating circumstances (factors that make a crime less severe) can lessen the sentence. For instance, was there any cause to brandish a weapon? If the weapon was a firearm, was it unloaded? Could the assault be considered self-defense? These are the types of issues that will be argued during the trial.

      • 5

        The penalty for assault with a deadly weapon can vary drastically depending on the circumstances of the crime--where it happened, who was assaulted, the severity of the threat and the prior history of the criminal. Under federal law, assaulting an officer with a deadly weapon can result in a prison sentence of up to twenty years.

      • 6

        Contact a support group like the National Center for Victims of Crimes if you were assaulted with a deadly weapon (see Resources below).

    Tips & Warnings

    • Interpretation of assault versus battery with a deadly weapon can depend on local statutes, which makes researching the penalties in your region essential.

    • State laws change frequently, so research on Web sites that are updated frequently.

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    Comments

    • SHAWNEENSHOPE Apr 28, 2008
      HELP ... MY HUSBAND ACCUSED ME OF STabbING HIM IN THE LEG!!! THIS IS WHAT HAPPENED ...WE HAVE BEEN SEPERATED FOR 7 MONTHS..WE RECENTLY HAVE BEEN WORKING ON REPAIRING OUR MARRIAGE.. SADLY THOUGH WE COULD NOT SINCE WE BOTH DID THINGS THAT ARE NOT FORGETABLE.. WELL THIS PATICULAR NIGHT WE GOT INTO AN ARGUMENT ABOUT AFFAIRS WE HAD AND I TOLD HIM TO LEAVE THAT IT WAS OVER.. HE BECAME INRAGED AND WE STARTED ARGUING... DURING ARGUMENT I ASKED HIM TO LEAVE REPEATEDLY ... I TOLD HIM IT WAS OVER TO GET THE **** OUT ... AND THAT I WILL DO AS I PLEASE IN MY OWN HOME.. HE BECAME VERY ANGRY AND THREW ME TO THE GROUND... WHEN THROWN TO THE GROUND I HIT MY HEAD AND WAS OUT FOR A MINUTE .. WHEN I CAME THROUGH HE GOTTEN A KNIFE AND STATED "IF IM GOING TO JAIL SO ARE YOU" AND PROCEEDS TO STAB HIMSELF IN THE LEG.. CALLS THE COPS AND HERE I AM GETTING CHARGED WITH ASSAULT WITH A DEADLY WEAPON :( ... HE ALSO
    • SHAWNEENSHOPE Apr 28, 2008
      HELP ... MY HUSBAND ACCUSED ME OF STAFFING HIM IN THE LEG!!! THIS IS WHAT HAPPENED ...WE HAVE BEEN SEPERATED FOR 7 MONTHS..WE RECENTLY HAVE BEEN WORKING ON REPAIRING OUR MARRIAGE.. SADLY THOUGH WE COULD NOT SINCE WE BOTH DID THINGS THAT ARE NOT FORGETABLE.. WELL THIS PATICULAR NIGHT WE GOT INTO AN ARGUMENT ABOUT AFFAIRS WE HAD AND I TOLD HIM TO LEAVE THAT IT WAS OVER.. HE BECAME INRAGED AND WE STARTED ARGUING... DURING ARGUMENT I ASKED HIM TO LEAVE REPEATEDLY ... I TOLD HIM IT WAS OVER TO GET THE **** OUT ... AND THAT I WILL DO AS I PLEASE IN MY OWN HOME.. HE BECAME VERY ANGRY AND THREW ME TO THE GROUND... WHEN THROWN TO THE GROUND I HIT MY HEAD AND WAS OUT FOR A MINUTE .. WHEN I CAME THROUGH HE GOTTEN A KNIFE AND STATED "IF IM GOING TO JAIL SO ARE YOU" AND PROCEEDS TO STAB HIMSELF IN THE LEG.. CALLS THE COPS AND HERE I AM GETTING CHARGED WITH ASSAULT WITH A DEADLY WEAPON :( ... HE ALSO

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