Is Assault with a Deadly Weapon a Felony and How Much Time Can You Get for It?

Assault with a deadly weapon, also known as ADW, is the criminal act of attacking or threatening someone with a weapon or object that can cause them harm and is considered an aggravated type of assault in many U.S. states. This offense has two major elements, “assault” and “deadly weapon,” and this is what has to be proven to get a conviction. 

ADW can be a very serious charge. In some states, it is considered a felony (serious crime) whether or not the offender caused any bodily harm to the victim. This means that being convicted of assault with a deadly weapon can get you jail time in a state prison. It is important to fully understand this crime's penalties and legal consequences to avoid getting into legal trouble.

What Is Assault With a Deadly Weapon?

An assault with a deadly weapon occurs when an individual attacks or attempts to attack someone else with a weapon that could reasonably cause serious bodily harm or death. 

Definition and Key Elements

Two major elements make up an assault with a deadly weapon - “assault” and “deadly weapon”. 

Assault simply means to use or threaten to use physical force against someone else. A deadly weapon, on the other hand, refers to any object that can cause bodily harm or death. This could be firearms, knives, blunt objects, vehicles, and brass knuckles. It could also be an unloaded gun, pencil, bottle, or dog that will attack a person on command. Even body parts like hands, feet, and teeth can be seen as a deadly weapon.

Distinguishing Factors

There are other types of assault, like simple assault, aggravated assault, felony assault, vehicular assault, and sexual assault, that are different from assault with a deadly weapon and are therefore treated differently in terms of penalties. Here are the elements that distinguish them:

Is Assault with a Deadly Weapon a Felony?

Yes, assault with a deadly weapon is generally considered a felony in many states, but it may also be charged as a misdemeanor in certain circumstances.

Felony or Misdemeanor Classification

Whether assault with a deadly weapon is considered a misdemeanor or a felony is dependent on certain factors. The state where the offense happened greatly determines the classification the offense will have. While many states treat assault with a deadly weapon as a felony, some states, like North Carolina, have provisions for ADW to be treated as a misdemeanor. ADW may be considered a misdemeanor in cases where no one was harmed and there was no intent to kill. 

However, assaulting a disabled person, government official, first responder, or police officer, even when no serious bodily harm was done, elevates that charge to a felony. Using a deadly weapon, especially a firearm, to cause someone serious bodily harm that results in disfigurement, short-term disability, permanent disability, or death is considered a felony. The felony charge will also apply where there was an intent to kill or cause serious bodily injury and if it is a repeated offense.

State-Specific Laws

U.S. states have different approaches to classifying ADW as either a misdemeanor or a felony. Many states treated ADW as a felony of varying class and degree. For example, in New York, assault with a deadly weapon is a Class D felony - the state emphasizes the injury caused by the attack and may consider an attack a misdemeanor if it does not result in severe or long-lasting injuries to the victim. ADW is a third-degree felony in Florida but in Texas, it is a possible first-degree felony if it involves a firearm or serious bodily harm to a spouse or a public official. According to Washington’s RCW 9A.36.031, ADW is a Class C felony.

However, like North Carolina, some states also have instances where it can be classified as a misdemeanor. According to California Penal Code §245(a)(1), ADW is a wobbler, which means you can be charged with either a misdemeanor or a felony in the Golden State. In Illinois, for example, assault with a deadly weapon may be a Class A Misdemeanor or Class 4 Felony, depending on whether a firearm was discharged.

What Are the Penalties for Assault With a Deadly Weapon?

Assault with a deadly weapon can attract penalties whether it is charged as a misdemeanor or felony. The severity of penalties often depends on the state and certain aggravating factors, like if a firearm is involved.

Penalties for Felony ADW

As a felony, assault with a deadly weapon is a serious crime with severe punishment, including jail time. Offenders can get more than a year for an ADW charge (in California, it is up to 12 years in state prison). Convicted individuals can be asked to pay fines up to thousands of dollars (in California, offenders can pay up to $10,000) or even restitution to the victim. They may also be given probation, meaning they must comply with certain conditions for the probation duration. A felony charge also carries long-term consequences, including a permanent criminal record. 

Penalties for Misdemeanor ADW

The penalties for ADW as a misdemeanor ultimately depend on the state. However, the misdemeanor charge typically carries penalties like facing up to one year in a county jail, a fine of up to $1,000, or both a fine and imprisonment.

Factors Affecting Sentencing

The sentence an offender gets for committing assault with a deadly weapon can be influenced by certain aggravating or mitigating factors. Some aggravating factors that can worsen an offender’s case include:

• Use of a firearm (especially if discharged) 
• Proof of planning or premeditation, 
• Attacks on vulnerable individuals
• Repeat offenses
• The involvement of others, like a gang

Some mitigating factors can help an offender’s case and possibly get them a lighter sentence:

• Self-defense
• Show of genuine remorse
• Cooperation with law enforcement
• Absence of prior convictions 
• Lack of intent to harm

How Much Time Can You Get for Assault With a Deadly Weapon?

The duration of jail time you get for assault with a deadly weapon is largely dependent on the sentencing guidelines of the state the crime was committed in, as well as certain circumstances surrounding the crime.

Sentencing Guidelines

Sentencing guidelines are standards that help in the process of determining appropriate punishments for a crime, with the goal of creating rational and consistent sentencing practices. Generally, sentencing for ADW as a misdemeanor can involve up to a year in county jail and fines of $1000 or more. Felony ADW attracts much steeper fines of $10,000 or more and up to 20 years in prison.

Aggravating Circumstances

The presence of certain aggravating circumstances in an assault with a deadly weapon case can make prison time for offenders much longer. These include:

• Severe injuries: If the assault severely injures the victim or is permanently maimed, it can see offenders receiving the higher end in the range of what the sentencing guidelines recommend.
• Repeat Offense: Generally, the law does not take it too kindly to repeat an offense, and that can seriously extend an offender’s sentence. States like California that operate a “three strikes law” can give significantly more jail time to repeat offenders - In California, offenders can get at least 25 years.
• Use of Firearms: If a firearm is involved in the assault, it can lead to a longer sentence; in some states, judges may also add extra time to an offender’s sentence if the firearm was discharged. They may also consider adding time depending on the type of firearm. The use of machine guns, automatic weapons, or guns that shoot metal-resistant bullets would get offenders more severe sentences.
• Special Victims: If the assault is carried out on certain people like police officers, first responders, public officials on duty, senior citizens, or disabled people, offenders can get longer sentences.

State-Specific Examples

Here are the typical jail time for a felony ADW.

Legal Defenses for Assault with a Deadly Weapon

Offenders may use certain defenses to help their case and possibly achieve dismissals, acquittals, or reduced charges. 

Common Defense Strategies

• Self-defense or Defense of Others: Offenders can argue that they were protecting themselves or others from possible harm.
• Mistaken Identity: One of the most basic defenses is to argue that the accused is not the one who committed the assault.
• Lack of Enough Evidence: Offenders can also challenge the prosecutor’s evidence to make the point that it is not enough to convict them or prove their guilt beyond reasonable doubt.
• Lack of Intent or Accidental Harm: Offenders can argue that they did not intend to cause harm and only did so accidentally.
• Victim’s Consent: In cases where the victim agreed to the assault, say in a sport, offenders can make that argument.
• False Accusation: Offenders can make an argument that the accuser is lying by providing proof that their story is inconsistent and they have a reason to lie.
• Alibi: Offenders can provide proof that shows that they could not have committed the assault because they were somewhere else
• Intoxication: Offenders can show that they were not in the right mind and were impaired when the assault happened.

Importance of Legal Representation

Whatever the defense may be, an offender has a better chance of being represented by an attorney in court. Attorneys understand the laws of the land better than anyone and can be a huge advantage to the defense. An attorney can help defend the rights of their client and prepare for trial. They can also take advantage of any evidence that supports a lesser sentence. 

Depending on the state where the assault happened, ADW can be classified as a misdemeanor or felony with jail time, fines, and probation as possible penalties when convicted. Whatever the classification may be, it is important to seek professional legal representation to understand what your options are. Note that the law generally frowns at assaults, especially if they involve a deadly weapon, so it is best to avoid situations that can put you at risk of committing assault.