What Is Assault with a Deadly Weapon, and Is It Considered a Felony?

Assault with a deadly weapon (ADW) is the deliberate use of a dangerous weapon or object to threaten or attack someone, causing fear or bodily injury. ADW is considered a crime in the United States, and it can lead to jail time and fines. Depending on the facts of the case, ADW may not lead to conviction. However, it's important to note that the use of dangerous weapons in self-defense does not constitute ADW. This article discusses ADW, its legal definition, and whether it is a felony.

What Is Assault with a Deadly Weapon?

ADW is the deliberate use of dangerous weapons and force to threaten or attack someone, eliciting fear or causing significant bodily injury to the person. To show that an assault with a deadly weapon had taken place, a prosecutor must prove that the accused assaulted someone with a deadly weapon and that the act was not done in self-defense.

ADW differs from other types of assault in intensity. Simple assault typically involves minor injuries or threats, while ADW consists of the use of dangerous weapons to cause significant bodily injuries. Unlike simple assault, where the offender may or may not touch the victim, ADW often involves a deliberate attempt to inflict serious injuries on another individual without for their life or well-being.

Additionally, unlike simple assaults that are committed alone, ADW can occur while a person is committing another crime. For instance, if a person uses a dangerous weapon while committing crimes such as robbery, attempted murder, or rape, they may be charged with assault with a deadly weapon.

What Is Considered a Deadly Weapon?

What qualifies as a deadly weapon might seem obvious at first glance, but under state laws, certain ordinary household items or rocks can also be considered deadly weapons. Legally speaking, any object that can cause serious bodily injury or death can be considered a deadly weapon. Several factors determine this classification: the object's ability to cause harm, the person's intent when using it, and how they use it. For example, a car driven recklessly can be viewed as a deadly weapon if it can kill or seriously injure someone. Here are typical examples of deadly weapons:

• Firearms: This involves the use of any gun to threaten or injure another person 
• Explosives: This involves the use of homemade bombs or any destructive device to destroy, harass, or intimidate another person.
• Knives and other blunt objects: Knives with blades of a certain length are considered deadly weapons. Similarly, crowbars, blades, or forks used with the intent of inflicting bodily injury are considered deadly weapons.
• Heavy objects: Objects such as baseball bats and rocks are considered deadly weapons when they are used to threaten or cause bodily injury to another person.
• Boots: Boots can be considered deadly weapons depending on their type and use.
• Other objects: Everyday objects are also considered deadly weapons depending on how they are used to harm another individual.

Is Assault with a Deadly Weapon a Felony or Misdemeanor?

Assault with a deadly weapon can be charged as a misdemeanor or felony, depending on the facts of the case. While both charges involve assault with the use of a deadly weapon, the intent of the offender, the outcome of the act, and the degree of the assault determine if it is a felony or misdemeanor. A felony charge for ADW usually results in stiffer penalties, including lengthy jail terms and fines, while misdemeanor charges are punishable by imprisonment of less than a year.

In most states, assault with a deadly weapon is considered a felony if the act meets one of the following conditions:

• The attack was intentional 
• The victim is seriously injured
• The act was reckless. For example, a firearm is recklessly discharged, causing harm to the victim or another person.
• The assault resulted in serious bodily injury to a public servant on duty.

If the act is committed with the intent to kill or inflict serious injuries that may prevent the victim from performing bodily functions, it is automatically treated as a felony. On the other hand, ADW can be charged as a misdemeanor if the act does not meet any of the conditions above and the offender did not inflict serious injuries on the victim.

Penalties for Assault with a Deadly Weapon

The penalties for assault with a deadly weapon vary by state. It also varies depending on whether the assault is considered a felony or misdemeanor. Generally, misdemeanor charges are punishable by up to one year in jail and fines. 

In contrast, felony charges are punishable by up to four years in state prison and fines. However, if the victim is a minor or vulnerable, the jail term may be up to ten years, with fines of up to $10,000.

Furthermore, an offender may be placed on probation by a court instead of jail term. During this period, the individual must comply with specific rules and regulations. Violating any rules may result in a stiffer penalty, such as imprisonment.

A person found guilty of ADW may also be asked to pay restitution to the victim for any losses or expenses made due to the assault. This may include medical bills and property damage.

Examples of Assault with a Deadly Weapon Cases

Assaults with deadly weapons are a common occurrence in the United States. Government agencies and local news channels across the federation often report these crimes. For example, on March 25th, 2025, the United States Attorney's Office reported that Jarvell Kent, an inmate in the U.S. Penitentiary at Atwater, pleaded guilty to assault with a deadly weapon. The crime that was committed at the penitentiary involved Kent chasing another inmate around a cell block with a knife-like weapon. 

Kent and another inmate used the knife-like object to stab the victim several times. According to the report, Kent faces a maximum penalty of 10 years in prison and a $250,000 fine. Nonetheless, the exact sentence will be determined by a court after consideration of statutory factors and the federal sentencing guidelines.

In another report from the United States Attorney's Office on March 25th, 2025, a Shiprock man named Isaiah Benally was charged with assault with a dangerous weapon. The Navajo Nation SWAT Team arrested Benally for allegedly firing multiple gunshots at an unsuspecting pedestrian. Although the pedestrian was not injured, Benally may face up to 10 years in prison if found guilty. The sentence may not be reduced, considering that Benally has a history of arrests for aggravated battery and assault.

On December 26th, 2024, the Washoe County District Attorney's Office told 2 News Nevada that a 38-year-old Reno man had been convicted of two counts of assault with a deadly weapon. Reno was arrested after pointing a loaded gun at two different victims in a residential neighborhood. Assault with a deadly weapon is treated as a category B felony in Nevada, which is punishable by a minimum of one and maximum of six years imprisonment and a fine of $5,000.

What to Do If You're Charged with Assault with a Deadly Weapon 

While assault with a deadly weapon often lands people in jail, a prosecutor must prove that the offender committed the crime in court before they can be convicted. As such, being charged with assault with a deadly weapon does not necessarily mean you will be sentenced.

If you are charged with assault with a deadly weapon, the first step you must take is to contact an experienced attorney for representation before the case goes to trial. Ensure you have met with your attorney before making a statement about the incident with the police or anyone.

Secondly, you must describe the event in detail to your attorney. This will help determine whether you were falsely accused. If not, it may also help determine whether there are other grounds for dismissing the case.

Furthermore, discuss possible solutions with your attorney and follow their advice. You may also avoid any form of physical contact with the individual suing you except under the supervision of your attorney.

Finally, you must ensure that every applicable form is promptly completed and submitted to the court. You must also ensure that you show up in court when required.

FAQ About Assault with a Deadly Weapon

Discussed below are frequently asked questions about assault with a deadly weapon.

What's the Difference Between Assault with a Deadly Weapon and Aggravated Assault?

The primary difference is the use of deadly weapons. Not all aggravated assault involves the use of a deadly weapon, while all ADWs must involve the use of a deadly weapon. In some states, assault with a deadly weapon is treated as aggravated assault.

Can You Go to Jail for Assault with a Deadly Weapon?

Yes, you can go to jail for assault with a deadly weapon. The jail term varies according to whether the case qualifies as a misdemeanor or a felony. Misdemeanor charges for ADW may result in jail time of six months to one year, while felony charges may result in jail time of two years to ten years.

Is Assault with a Deadly Weapon Considered a Violent Crime?

Assault with a deadly weapon is typically a violent crime since it either involves violence or the threat of violence.

Can You Get Probation Instead of Jail Time for ADW?

Yes, an individual charged with ADW may get probation instead of jail time. This may happen if the case only qualifies as a minor misdemeanor and the offender is willing to pay restitution to the victim.

What Is the Statute of Limitations for Assault with a Deadly Weapon?

The statute of limitations for assault with a deadly weapon varies by state and whether the case is a misdemeanor or felony. In most states, you have one year to file charges for misdemeanor assault. For felony assault, the time frame is three to five years.