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Aggravated Assault With Deadly Weapon

Aggravated Assault with a Deadly Weapon.

This offense is extremely serious and is a second degree felony potentially carrying from 2 to 20 years in the penitentiary and up to a $10, 000 fine. It is involves the use or the threat of use of a deadly weapon. A deadly weapon can be just about anything if used in a manner that could cause serious bodily injury or death. A plastic bag, pillow, automobile and so forth could cause someone to be charged with this offense if they intended it to be used as a weapon or were so reckless in its use that it could have caused death or serious bodily injury. If a family member is the victim, it is, or course, a family violence offense. Bear in mind that even if the victim does not want to pursue the case, the prosecutor will most likely still go forward with it.

This being a felony, the case would have to presented to the grand jury by the prosecutor before it is sent on in to the courts. The Grand Jury has to agree that there is sufficient probable cause for the case to be pursued. If they agree, then the defendant is considered indicted and the case is then sent on the regular courts to be handled by trial or plea bargain or somewhere in between.

It is important to note that in some cases, if the case is weak or the victim does not want to press charges, the case may be stopped at the Grand Jury. This means the person is no-billed and not indicted. Therefore it is important to contact an attorney as soon as you are arrested so that he can look at the case and see if he might stop the case at the grand jury. This firm has had some good results by putting together a packet for the Grand Jury on the defendant's behalf and getting him/her no-billed. Do not miss this window of opportunity. Once you are indicted (true billed) it is too late to try to get the case no-billed.

If you are indicted for this offense the judge cannot give you regular probation. You may be able to get a special type of probation termed deferred and the Judge at his discretion can give this type of probation. If you are sent to prison on this offense, you must do at least half of the sentence before you may be eligible for parole.

It is strongly suggested that if you find yourself or a family member charged with this offense that you contact an attorney as soon as possible. The earlier he starts on your case the better chance of a favorable outcome. Call us at anytime at 1-800-630-5985 for a free telephone consultation. Or contact us through the email feature on this site and we will get back to you shortly.


 

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