This year's Southern California comic book convention known as Comic-Con turned violent over the weekend when one attendee stabbed his friend in the face near his eye with a pen over a seating dispute. According to San Diego Police Officer, David Stafford the argument involved one man claiming the other was sitting too close to him. It is unclear at this time if the man claiming that his friend was sitting too close to him stabbed his friend or if the man being accused of sitting too close was the assailant. The victim was transported to a local hospital with a cut near his eye. The suspect was arrested and booked for assault with a deadly weapon.
The charge of Assault with a Deadly Weapon also referred to as ADW falls under California Penal Code Section 245(a)(1). California Penal Code Section 245(a)(1) defines assault with a deadly weapon as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.
This charge is what is known under California criminal law as a "wobbler." A "wobbler" is a crime that can be charged as a misdemeanor or a felony. If one is charged with ADW as a misdemeanor, they can be sentenced to county jail for up to one year. Charged as a felony, Assault with a Deadly Weapon carries up to four years in state prison. Moreover, as a felony, ADW falls under California's Three Strikes law. Under the Three Strikes Law, if you have a Strike charge on your record, any new felony conviction will result in twice the prison time normally imposed. If you have two strikes on your record, any new felony conviction will be considered a "Third Strike" and a mandatory sentence of 25 years to life in state prison will be imposed.
If you or a loved one have been charged with assault with a deadly weapon in Los Angeles, Riverside, Kern, or Ventura Counties your rights may be at stake. Call the Law Offices of Daniel E. Kann, a Southern California Criminal Defense firm for a free consultation.
