Q: Is assult and battery with deadly weapon a more serious crime than criminal threats?
A: Yes, it can be. Assault and battery are immediate and have occurred already but a criminal threat is verbal and contact has not yet been made. All are serious offenses which exposes the defendant to jail or prison time. Please contact our office for more specific questions and a consultation. It's best to avoid online chats because it's not confidential.
Both are "wobblers" meaning they can be charged as a misdemeanor or a felony. However, if charged with ADW, it has a higher jail sentence if charged as a felony (up to 4 years in state prison) whereas CT if charged as a felon carries a 3 year prison sentence.
Of the two, ADW is charged as a felony 99% of the time in my experience while CT is almost always charged as a misdemeanor. It's also considered a serious and violent felony and counts as 1 strike under California's 3 strike laws which one a person gets 3 they can be sentenced to state prison for life.
However, if the CT was something like a threat to blow up someone's car or house and the police conducting an investigation find evidence that the person making the threat has the means to carry it out (i.e. find a detonator, trace evidence of an explosive), it would most certainly be charged as a felony with enhancement for possession of an explosive device or any of its components.
If you or someone else you know is charged with either offense, it would be best to hire a skilled and experienced criminal defense attorney who has handled both types of crimes. There are certain defenses to both that to get the best outcome.
Assault and battery with a deadly weapon is generally considered a more serious crime than criminal threats. Assault with a deadly weapon is the act of threatening to use force or violence against another person with a weapon that can cause serious bodily harm or death, while battery with a deadly weapon involves the actual use of force or violence against another person with a deadly weapon.
Both assault with a deadly weapon and battery with a deadly weapon are considered violent crimes and can carry significant penalties, including substantial fines and prison time. The severity of the penalty will depend on the specific circumstances of the crime, including the extent of the injuries sustained by the victim, the type of weapon used, and the intent of the perpetrator.
Criminal threats, on the other hand, involve the act of threatening to commit a crime that would result in death or great bodily injury to another person. While criminal threats can also carry serious penalties, they are generally considered less severe than assault and battery with a deadly weapon.
In any case, it is important to consult with an attorney who specializes in criminal law if you have been charged with any of these crimes or are facing criminal charges of any kind. An attorney can provide guidance and representation to help you navigate the legal process and protect your rights.
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