Assault with a deadly weapon is considered an aggravated assault and is punished more severely than a regular assault would be. An “aggravated assault” is an attempt by one person to cause another serious bodily harm, whether they do it on purpose, or through reckless actions. Under the law, this kind of assault involves the use of a deadly weapon in the commission of a crime and is considered a violent offense that carries a more severe punishment.
A “deadly weapon” can be defined as any pistol, knife, metal knuckles, razor, or other instrument that can be used to inflict deadly force. Other objects, such as rocks, bricks, or even a boot can constitute a deadly weapon if that object is used in a manner likely to threaten or cause serious bodily injury or death to a person.
“Serious bodily injury” is any injury that causes serious or permanent disfigurement to an individual. Serious bodily harm refers to any injury that causes the long term impairment or loss of function of any body part/ organ or that causes a substantial risk of death to a person.
Assault & Battery of a High and Aggravated Nature is a felony in South Carolina Section 16-3-29.A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim’s death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim.HISTORY: 2001 Act No. 97, Section 1.Section 16-3-10. “Murder” defined.
An assault that results in severe injury or “malicious wounding” is a Class 2 felony in Virginia and could result in a lifetime prison sentence and a fine of no more than $100,000.
If you have been charged with Assault with a Deadly Weapon, we're prepared to help. A competent and experienced lawyer can examine all aspects of your case and plan a legal strategy to assist you with this charge and get the best attainable result for you.