The minimum sentence for assault with a deadly weapon varies by jurisdiction and the specific circumstances of the case. Here are some examples:
- California: Assault with a deadly weapon (ADW) is a "wobbler" offense, meaning it can be charged as a misdemeanor or felony. For a misdemeanor ADW (using a deadly weapon other than a firearm), the minimum jail time can be up to 1 year in county jail and/or a fine up to $1,000. For felony ADW, the sentence can range from 2 to 4 years in state prison, with a minimum jail sentence of 6 months if a firearm is involved
- Texas: Aggravated assault with a deadly weapon is typically a second-degree felony with a mandatory minimum sentence of 2 years in prison and fines up to $10,000. The maximum sentence can be up to 20 years. In more severe cases (e.g., causing serious bodily injury to certain protected persons), it can be elevated to a first-degree felony with a minimum sentence of 5 years and up to 99 years or life imprisonment
In summary, the minimum sentence for assault with a deadly weapon generally starts at:
- California: Up to 6 months to 1 year jail for misdemeanor; 2 years minimum for felony with firearm.
- Texas: 2 years minimum prison for second-degree felony aggravated assault with a deadly weapon.
These minimum sentences can increase based on factors such as the weapon used, injury caused, and victim type.
