San Bernardino - Still more violence ensues throughout Southern California following the verdict of the controversial Zimmerman trial. Across the country, initially peaceful protests have ended in assault, robbery, vandalism, and even murder.
In San Bernardino, on Thursday night around 8 p.m., one such "peaceful" protest began, as marchers moved south along Highland Avenue. But when masses gather, the threat of violence gets much higher, much quicker, and this crowd's fuse was quickly burning.
Police report that the violence began when a group of around 120 protesters began throwing rocks and bottles at pedestrians and officers. Most of the group dispersed after officers gave several orders, but about 50 people moved behind cinder-block walls and continued their protestant barrage.
From this group of violent protesters, 11 were arrested and face numerous charges: assault with a deadly weapon, battery, assault on a police horse, assault on a peace officer, and vandalism. This senseless violence and civil unrest is not changing anything, and will only prove harmful to all involved.
A charge of assault with a deadly weapon is a very serious allegation that can find you in jail for up to 12 years, says expert Orange County criminal defense attorney Michael L. Guisti. Assault with a deadly weapon is defined under Penal Code 245a as, "an assault upon the person of another with a deadly weapon or instrument other than a firearm or by means of force likely to produce great bodily injury."
There are a number of ambiguous phrases in this description, such as "by means of force," "likely to produce," and "great bodily injury," as each of these must be proven and argued in court. Our team of experienced assault with a deadly weapon lawyers knows which points to argue in order to prove your innocence.
An assault with a deadly weapon (ADW) charge is a "wobbler" in that it can be tried as either a misdemeanor or a felony. The facts of the case/incident will determine which category of severity you fall into, but if you receive a misdemeanor sentence, it could mean up to one year in county jail, probation for up to five years, a $10,000 fine, and mandatory community service.
A felony ADW charge could result in two to four years in state prison, a $10,000 fine, and a "strike" on your record. If the deadly weapon in question is a firearm, the jail time could be raised to three to nine years, and if it is an assault weapon, between four and twelve years. This is not a sentence that you want to get.
If you or someone you know have been accused of assault with a deadly weapon, you need legal help fast. Our criminal defense experts at the Law Offices of Michael L. Guisti can prove your innocence and keep those fines / jail time from coming your way. With our diligent and aggressive approach to law, our assault with a deadly weapon defense team can likely get your case thrown out of court before it reaches trial stage. Don't hesitate to call our office for a free consultation today, at 888-478-8999.