Experienced Defense Against Assault and Weapons Charges

Assault and weapons charges are among the most serious offenses you can face in California. These cases often involve allegations of violence, and prosecutors pursue them aggressively. A conviction can mean years in prison, loss of your gun rights permanently, and a violent crime on your record that follows you for life.

Tony Carlos, a former Sutter County prosecutor, has handled assault and weapons cases from both sides. He understands how these cases are built and knows how to challenge the prosecution's evidence effectively.

Assault Charges We Defend

  • Simple Assault (PC 240) - Attempting to commit a violent injury on another person; misdemeanor with up to 6 months in jail
  • Battery (PC 242) - Willful and unlawful use of force or violence on another person
  • Assault with a Deadly Weapon (PC 245) - Using a weapon or force likely to produce great bodily injury; can be charged as felony or misdemeanor
  • Aggravated Battery (PC 243(d)) - Battery causing serious bodily injury
  • Assault on a Peace Officer - Enhanced penalties for assaulting police, firefighters, EMTs
  • Criminal Threats (PC 422) - Making threats to commit violence or cause great bodily injury

Firearm & Weapons Charges We Defend

  • Felon in Possession (PC 29800) - Convicted felons prohibited from possessing firearms
  • Carrying a Concealed Weapon (PC 25400) - Unlawfully carrying a concealed firearm
  • Carrying a Loaded Firearm (PC 25850) - Unlawfully carrying a loaded weapon in public
  • Illegal Assault Weapon (PC 30605) - Possession of banned assault weapons
  • Brandishing a Weapon (PC 417) - Drawing or exhibiting a weapon in a threatening manner
  • Negligent Discharge (PC 246.3) - Willfully discharging a firearm in a grossly negligent manner
  • Possession of Illegal Weapons - Switchblades, brass knuckles, nunchucks, and other prohibited weapons

Potential Penalties

Assault and weapons charges carry severe consequences in California:

Assault with Deadly Weapon

  • Up to 4 years in state prison (felony)
  • Up to 1 year in county jail (misdemeanor)
  • Strike offense under Three Strikes law
  • Fines up to $10,000

Felon with Firearm

  • 16 months to 3 years in state prison
  • Permanent loss of gun rights
  • Additional charges if weapon used in crime
  • Enhanced sentences for prior violent felonies

Defense Strategies for Assault & Weapons Cases

Self-Defense

California law allows you to defend yourself and others from imminent harm. If you reasonably believed you or someone else was in danger, you may have a complete defense to assault charges.

Defense of Property

You have the right to use reasonable force to protect your home and property from intruders under certain circumstances.

Lack of Intent

Many assault charges require proof of intent to harm. Accidental contact or actions without intent to injure may not constitute assault.

Illegal Search and Seizure

If police discovered weapons through an unlawful search, the evidence may be suppressed and charges dismissed.

Mistaken Identity

Assault cases often rely on eyewitness testimony, which can be unreliable. We investigate alibis and challenge identification evidence.

Constitutional Violations

Statements obtained without Miranda warnings or through coercion may be inadmissible in court.

Understanding California's Self-Defense Laws

When Is Force Justified?

California law permits you to use force to defend yourself if you reasonably believe you're in imminent danger of being killed, suffering great bodily injury, or being the victim of a forcible crime. The force used must be reasonable and proportionate to the threat. Tony Carlos has successfully defended numerous clients by establishing that their actions were justified self-defense.

Why Choose Tony Carlos for Your Defense

Prosecutor's Experience

As a former Sutter County prosecutor, Tony has prosecuted violent crime cases and knows how to attack the prosecution's evidence.

Aggressive Representation

Assault and weapons cases require aggressive defense from day one. Tony fights hard to protect your rights at every stage.

Local Court Knowledge

15+ years in Sutter and Yuba County courts means understanding local prosecutors, judges, and procedures.

Available 24/7

Arrests for violent crimes happen at any time. Tony is available around the clock for urgent matters.

Frequently Asked Questions

Can I claim self-defense if I started the fight?

Generally, the initial aggressor cannot claim self-defense. However, there are exceptions if you clearly withdrew from the fight and communicated your intent to stop, and the other person continued the attack.

Will I lose my gun rights if convicted?

A felony conviction permanently prohibits you from possessing firearms in California. Even some misdemeanor convictions result in a 10-year firearms ban. This makes skilled defense critical.

What if the alleged victim doesn't want to press charges?

In California, the district attorney decides whether to file charges, not the victim. However, an uncooperative victim can affect the strength of the prosecution's case.

Is assault with a deadly weapon a strike?

Yes, assault with a deadly weapon (PC 245) is a serious felony and counts as a strike under California's Three Strikes law, which can double sentences for future felonies.