Assault With a Deadly Weapon Defense in San Jose, CA
Charged With Assault? Here’s What You Need to Know
Being accused of assault with a deadly weapon can turn your life upside down. Whether it was a fight that got out of hand or a misunderstanding that spiraled, the legal system moves fast—and the stakes are high. In California, this charge can lead to years behind bars and a permanent criminal record. But with the right defense, there’s a path forward.
At Knight Justice, we build powerful defenses for people facing serious assault charges in San Jose and throughout Santa Clara County.
What Is Assault With a Deadly Weapon?
California law defines assault with a deadly weapon as attacking or attempting to attack another person using an object that could cause great bodily injury. This doesn’t just mean knives or guns. A baseball bat, car, or even a heavy tool could qualify. You don’t have to actually hurt someone—just the act of attempting to do so can be enough for prosecutors to file charges.
This charge is known as a “wobbler,” meaning it can be filed as either a misdemeanor or a felony. That decision depends on the details of the case and the judgment of the prosecutor.
What Are the Penalties?
The penalties for assault with a deadly weapon can vary depending on how the case is charged and the circumstances involved. Here’s a breakdown of what you might face:
If Charged as a Misdemeanor:
- Up to 1 year in county jail
- Fines up to $1,000
- Probation and possible community service
If Charged as a Felony:
- 2 to 4 years in state prison
- Fines up to $10,000
- A potential strike on your record under California’s Three Strikes Law
If the alleged victim is a police officer or public official, the penalties can be even more severe.
Common Defense Strategies
At Knight Justice, we use proven strategies to defend our clients. Every case is different, but here are some of the most common and effective defenses:
Self-Defense or Defense of Others
If you believed that you or someone else was in immediate danger, your actions may have been legally justified. We work to show that your use of force was reasonable under the circumstances.
No Intent to Harm
To convict you, the prosecution must prove that you intended to use the weapon in a harmful way. If the incident was an accident or the weapon was never meant to hurt anyone, we can challenge their case.
The Weapon Wasn’t Actually Deadly
Just because an object was involved doesn’t mean it qualifies as a deadly weapon. We examine the facts closely to determine whether the prosecution is overstating its case.
False Accusations or Mistaken Identity
It’s not uncommon for people to be wrongly accused. Whether it’s due to confusion, bias, or an emotional reaction, we investigate all the details to uncover the truth.
Lack of Evidence
Every detail matters. If there are holes in the story, conflicting witness statements, or unreliable evidence, we’ll use that to your advantage.
Can These Charges Be Reduced or Dismissed?
Yes. In many cases, we’re able to negotiate reduced charges—or get the case dismissed entirely. We push prosecutors to see the bigger picture, not just the arrest report. That could mean arguing for a misdemeanor instead of a felony or exploring diversion programs that help you avoid a conviction altogether.
Why Knight Justice?
Attorney Nana Knight has years of experience in San Jose courtrooms. As a former prosecutor, she understands how the other side thinks—and how to find the weaknesses in their case. You’re not just hiring a defense lawyer. You’re getting someone who knows how to fight smart, and how to fight hard.
We don’t pass judgment. We take your story seriously. And we take pride in helping people move forward after being charged with a crime.
Take Action Now
If you’ve been arrested or believe you’re under investigation for assault with a deadly weapon, don’t wait to get legal help. What you do next could affect the rest of your life.
Call Knight Justice today at (408) 877-6177 to schedule a confidential case review. We’re ready to protect your rights—and fight for your future.
