Los Angeles County Sheriff’s detectives made an arrest on Tuesday of a Los Angeles woman who they believe was behind the assault of a 91-year-old man on the 4th of July.  Authorities say that the man might have bumped into a little girl that was walking with the woman, when the woman started shouting racial slurs at the man and allegedly struck the man from behind with a block of cement.  Authorities also state that additional suspects arrived on the scene to join into the assault.

The 91-year-old man blacked out and is recovering from a broken cheekbone and facial bruising.  The suspect is being held on $200,000 bail and will likely be facing many charges, including assault with a deadly weapon causing great bodily injury and battery.

Assault with a deadly weapon is what is called a wobbler in California, meaning the crime can be charged by prosecutors as either a felony or misdemeanor.  This depends on the conduct of the suspect, the extent of injuries, if any, and the other surrounding facts of the incident.  Assault with a deadly weapon is defined as “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three or four years, or in the county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both fine and imprisonment.”  Additionally, this assault can occur with use of a “deadly weapon” or by means of force likely to produce great bodily injury.

Of course, there are also defenses to assault with a deadly weapon charge, and these are mainly fact-based.  Some examples would be if you did not, in fact, use a weapon, if you were acting in self-defense or you did not act willfully or with the required intent to commit the crime.

If you or someone you know has been charged with assault with a deadly weapon, contact attorney Ross Erlich as soon as possible.  Starting work before your case gets filed by the prosecutor’s office has some tremendous potential benefit.  A truly skilled attorney will know how to work with the district attorney or city attorney’s office to address the evidence, seek out problems of proof with the government’s case, and, when needed, work to obtain a reduction in charges or even a diversion to best protect you or your loved one’s record.

Attorney Ross Erlich only practices criminal defense and has so since he started practicing. He has worked with, and has good relationships with, the prosecutors at the Airport courthouse, Van Nuys courthouse, San Fernando courthouse, Clara Shortridge Foltz (CCB) courthouse, Pasadena courthouse, Burbank courthouse and works throughout Los Angeles county, Orange county and Ventura county.

Call 323-222-4529 for a free case consultation.