More info at www.shouselaw.com 888.327.4652 A Penal Code 240 “simple assault” is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. California Penal Code 245(a)(1) defines assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. An ADW charge is what’s known as a wobbler. A “wobbler” is a crime that…depending on the circumstances…prosecutors can opt to file as either a misdemeanor or a felony. In order to convict you of California Penal Code 245(a)(1) assault with a deadly weapon, prosecutors must prove two facts (otherwise known as “elements of the crime”): 1. that you assaulted someone, and 2. that the assault was committed with a deadly weapon or other means of force likely to cause great bodily injury. The prosecutor doesn’t need to prove that you injured another person or that you even actually made physical contact with another person…all that matters is that you had the ability and intent to severely injure the other person.

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