Legal Question in Criminal Law in California

assault with a deadly weapon

my boyfriend was charged with assault with a deadly weapon. he didnt have the weapon though. the person that did have the weapon, hit him in the head with a rake and called the cops saying my boyfriend had the weapon and that it wasn't a rake it was a knife he didnt have a weapon though. the knife wasnt found cause there wasnt one and now hes being charged with it can they do this and if so whats the longest time he can get.


Asked on 7/17/05, 12:25 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: assault with a deadly weapon

Has your boyfriend filed counter charges against the one who hit him with the rake?

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Answered on 7/18/05, 12:31 pm
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: assault with a deadly weapon

Just because he is charged, doesn't mean much. The prosecutor still has to prove that the charges are true with proof beyond a reasonable doubt.

For this charge, if he gets convicted, he is looking at 2-3-4 years of prison with 50% credit. It may be a strike but it doesn't have to be, and it is also a wobbler.

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Answered on 7/18/05, 2:59 pm


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