Posted on July 13, 2015
California Penal Code § 17500: Possession of a Deadly Weapon with Intent to Assault
Prosecutors treat all weapon offenses seriously as a preventative measure to stop future crimes occurring with the use of a weapon. Often times, one faces jail time for a weapon offense which is why one should retain a skilled Los Angeles Weapons Defense Attorney at the cases earliest juncture. The Law Offices of John D. Rogers is committed to achieve the best possible outcome for each client and will closely examine each case for any technicalities to get the case dismissed or substantially reduced. Early intervention by a criminal defense attorney is always appropriate to defeating weapon’s charges. The Law Offices of John D. Rogers offers free consultations and 24/7 accessibility.
Penal Code § 17500 Formally Defined
In California, possession of a deadly weapon with the intent to assault another is defined under Penal Code § 17500 as, “Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.” Contrary to this statutes reading, do not assume that because you’ve been arrested for this crime that you are guilty of this crime.
Elements of the Crime
In order to prove that someone is guilty of possession of a deadly weapon with the intent to commit an assault upon another, the prosecutor must prove each element beyond a reasonable doubt:
1. Defendant carried a deadly weapon on his or her person
2. Defendant knew he or she was carrying a deadly weapon
3. Defendant had the intentions of assaulting someone with the deadly weapon
• The police officers violated your Fourth Amendment right by committing an unreasonable search of your vehicle, person, or home, or unlawfully detained you without any probable cause of reasonable suspicion.
• You did not know you were carrying a deadly weapon. Perhaps you were holding a bag for someone else or a friend left the weapon in your vehicle on accident without your knowledge.
• You did not have the intentions of committing an assault with the deadly weapon.
• Your statements used to prove you were going to assault someone with the deadly weapon was the product of a violation of your Miranda rights.
• The device is not considered a deadly weapon.
• The alleged weapon would not inherently cause death or great bodily injury.
• The police officers are fabricating or exaggerating the circumstances against you.
• You were not “carrying” the deadly weapon in conformity with the statutory definition of this crime.
As noted above, possession of a deadly weapon with the intent to assault is a misdemeanor offense which means one’s maximum exposure in custody if convicted is one year in the county jail. Usually the court will impose probation, fines, as well as anger management / counseling classes. Additionally, if convicted, one could consequently face adverse immigration consequences, the court may order a protective order, and one could temporarily lose their search and seizure rights.
What is a Deadly Weapon?
There is no clear definition of what constitutes a “deadly weapon” under this statute. However, CALCRIM 875 defines a deadly weapon as “any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing and likely to cause dead or great bodily injury.” Common deadly weapon examples are:
• Baseball Bat
• Brass Knuckles
• Roll of Quarters
Possession of a deadly weapon with the intent to commit an assault is eligible to be expunged pursuant to Penal Code § 1203.4 as long as certain conditions have been satisfied. Upon proper petition, the court will re-open the case, withdraw it’s finding of guilty, and the case will be dismissed pursuant to the P.C. § 1203.4. From that point forward, you will be “released from all liabilities and penalties” stemming from your criminal conviction and the state of California will no longer recognize you to be convicted of a crime. As noted already, there are certain requirements to be fulfilled in order to be eligible for expungements relief. For more information to discuss your eligibility, contact the Law Offices of John D. Rogers.
• P.C. § 245: Assault with a Deadly Weapon
• P.C. § 245(a)(2): Assault with a Firearm
• P.C. § 417: Brandishing a Weapon
• P.C. § 25850(c)(6): Carrying a Loaded Firearm Not Registered Owner
• P.C. § 29800: Felon in Possession of a Firearm
Contact Us for a Free Consultation
If you have been arrested or charged with possessing a deadly weapon with the intent to assault, contact Los Angeles Criminal Defense Attorney John Rogers at the Law Offices of John D. Rogers. Call 877-888-9820 for a free confidential consultation concerning your rights and defenses.