Proving Assault With a Deadly Weapon

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Proving Assault With a Deadly Weapon

 

Any assault act is classed as a violent crime, but aggravated assault with a deadly weapon is one of the highest levels of assault you can be charged with. Assault with a deadly weapon includes putting another person in fear of injury or causing harm through the use of a weapon or dangerous instrument.

If you have been charged with aggravated assault using a deadly weapon, then you are going to need a criminal defense attorneythat has experience. Get in contact with a San Antonio Criminal Defense Attorney before talking with prosecutors or investigators. A good lawyer will stay by your side during the entire case and fight to protect your rights.

Different types of assault

Here in Texas, there are two types of assault charges; aggravated assault and simple assault:

  • Aggravated assault – this is when the perpetrator has used a weapon to inflict injury upon the other person. Knowingly causing serious injury to another, using a deadly weapon or threatening to use a deadly weapon to cause bodily injury are all things that would be classed as aggravated assault.
  • Simple assault – this doesn’t usually involve the use of a weapon, and the victim’s injuries are often minor. It can be defined as causing bodily harm to another, threatening to inflict bodily harm on another or making contact with another to purposely cause offense.

Proving assault with a deadly weapon

For the defendant to be convicted of assault with a deadly weapon, the perpetrator must have used a deadly weapon or an instrument that caused serious bodily harm. The prosecutor or their attorney must state and prove the elements of the crime. There has to be evidence that the defendant threatened the victim with a deadly weapon, and the deadly weapon or dangerous instrument was either intended to be or used to inflict serious bodily harm or death on the other person.

The case must hold evidence about the weapon used and how deadly it was – that the weapon could have caused serious harm or death, or proof that the weapon was used to cause death or serious bodily injury. Proof that the victim was caused injury is not always needed when proving assault with a deadly weapon.

Often, the only evidence needed is the presence or threat of use of a deadly weapon or instrument that has the capability of causing serious bodily injury. Firearms, guns, and knives are classed as lethal weapons in all states, and there are a variety of instruments that can be classed as dangerous instruments. For an object to be classed as a deadly weapon, it has to have the capability of inflicting severe bodily injury or death.

Items that the courts class as deadly weapons include:

  • Knives or sharp objects
  • Guns or firearms
  • Baseball bats
  • Clubs
  • Hammers
  • Rocks or bricks
  • Metal bars or crowbars

Other items can be classed as deadly weapons; it depends on if the defendant used or intended to use that object to inflict severe bodily injury to the victim. For example, a woman’s heel could be classed a deadly weapon if it had been used to inflict serious bodily harm. A car can also be classed as a deadly weapon or dangerous instrument if the perpetrator uses the car in a way that is capable of causing death or serious harm to another.

There has also been a case, here in Texas, where a man was charged with aggravated assault with a deadly weapon as he engaged in unprotected intercourse with multiple people, knowing he was HIV positive. In the end, this man was convicted of the crime.

Gathering evidence

If you are under investigation for assault with a deadly weapon offense, including murder, ensure that you must get yourself good representation from a San Antonio violent crime attorney.

The following may be carried out by law enforcement to discover evidence:

  • Look for DNA on your clothing, shoe or fingerprints
  • Confiscate any personal belongings that could hold evidence
  • Investigate your home, workplace, laptop, computer, or other electronic devices
  • Look for weapons that were used to commit the assault

Assault with a deadly weapon punishment

If you have been convicted of aggravated assault with a deadly weapon, you can be punished with up to thirty years in prison. Your sentence will be decided depending on different factors, for example, the injury inflicted on the victim or the victim’s age.

Assault with a deadly weapon is a serious charge so punishment will not be light. If you have been convicted of aggravated assault, it can affect your employment and education in the future. To ensure you get the best results, contact a reputable San Antonio Criminal Defense Attorney.