Because assault with a deadly weapon in California is complicated, it's in your best interest to hire an experienced defense attorney as soon as you hear your charges. This means it is a defense for an accused to show that: An accused can support this defense by highlighting certain facts to show the object he/she had was not deadly. It is a valid defense, therefore, for an accused to show that he/she did not act with this intent. He says, in defense, that he is not guilty because he never intended to hit Anthony with the ball. Seppi Esfandi is a Expert in Criminal Law and has experience defending California in a variety of crimes, including “Assault with a Deadly Weapon”. It i… Under this law, a person acts “willfully” if he/she does something willingly or on purpose. Contact Eisner Gorin LLP for Help Please recall that a defendant is only guilty under PC 245 a 1 if he/she acted willfully. For additional guidance or to discuss your case with an experienced criminal defense attorney, we invite you to contact us at Shouse Law Group for a free consultation. (d) (1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years. 4. DUI arrests don't always lead to convictions in court. A deadly weapon in California is defined as a weapon likely to produce death or great harm to another. A misdemeanor conviction can result in a sentence of up to one year in county jail. Upon conviction, you face up to 4 years in county jail, and a $10,000 fine. A man suffering from a gunshot wound had been dropped off by an unknown person. 6. 245 a 1 PC is charged as a wobbler offense if the deadly weapon that was used was not a firearm. (2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment. But she is not guilty of the crime because she acted in self-defense. During a game, the two get into a bad argument. 38. Assault with a deadly weapon is a serious crime under California's criminal laws. PC 245(a)(1) assault with a deadly weapon. For example, a person causing an object to touch the “victim.”4. And note that it is not necessary that an accused succeeded in applying force to the other person. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Reasonably knew that your actions would result in the application of force on another; AND 4. Learn more about California’s Three Strikes Laws. the defendant performed an act that, by its nature, would probably result in the, the defendant performed that act with either a, when the defendant acted, he/she was aware of facts that would lead a, when the defendant acted, he/she had the present ability to. as a result, another person is killed or suffers serious bodily injury. Assault with a deadly weapon is a form of aggravated assault and is a serious criminal offense that is aggressively prosecuted and punished harshly under California law, even in cases where the alleged victim doesn’t suffer any pain or injury. The focus is on whether the accused’s act could have resulted in the application of force. While the crime of assault under California Penal Code Section 240 PC is defined as an illegal attempt to commit injury on another, when that assault involves a deadly weapon or force likely to cause great bodily injury a defendant can be charged with the more serious offense of assault with a deadly weapon under California Penal Code Section 245 (a) (1) PC. The offense is a misdemeanor punishable by up to 6 months in county jail and fines of up to $1000.00. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Assault with a deadly weapon isn’t a simple thing in California, in large part because it’s one of the state’s wobbler laws. Mark grabs a softball and throws it near Anthony. As we have seen, a conviction can result in extended incarceration in the state prison. 3.2. It means you are accused of assaulting someone and at the time you had something that could have been considered a deadly weapon. Acted with a deadly weapon other than a firearm OR used force that by its nature would likely result in great bodily injury; AND 2. California protects its citizens from being punished while acting in self defense if: you reasonably believed that great bodily injury will be inflicted upon you, and you only use as much force as necessary to ward off great bodily injury. These penalties grow more severe if a firearm gets used in the commission of the assault. It’s important to not that the prosecution does not have to prove that the victim sustained great bodily injury, only that your action would likely result in great bodily injury. For a misdemeanor assault with a deadly weapon, you face summary probation, a maximum of one year in county jail, and a maximum fine of $1,000. For a felony assault with a deadly weapon, you typically face formal felony probation, a prison term of 2, 3, or 4 years, and/or a maximum fine of $10,000. Under California Penal Code 240 (PC 240), assault is defined as an attempt to commit injury to another person.However, when that attempt involves the use of a deadly weapon or force likely to cause great bodily injury or death, the charge could be increased to California Penal Code 245(a)(1).Under (PC 245(a)(1)), assault with a deadly weapon could be either a misdemeanor or a … CALCRIM No. A wobbler is a crime that a prosecutor can charge as either: If charged as a misdemeanor, the crime is punishable by: If it is a felony charge, the offense is punishable by: Note that these penalties will change if an assault with a deadly weapon case: If an ADW was committed with an ordinary firearm, then the offense is still charged as a wobbler. What is a Deadly Weapon? Assault with a deadly weapon isn’t a simple thing in California, in large part because it’s one of the state’s wobbler laws. These are: Penal Code 417 PC is the California statute that defines the crime of brandishing a firearm or deadly weapon. California Assault and Battery Laws Overview It is punishable by fines ranging from one to twelve thousand dollars and/or by imprisonment in the county jail not exceeding six months if it is a misdemeanor – but much longer if it is a felony. Definitely recommend! She reasonably believed that she was going to be raped. Three common defenses are: In any case, the D.A. The touching can be done indirectly. Depending on the circumstances, you could be charged with a misdemeanor or a felony. If you are being charged with assault with a deadly weapon under California Penal Code Section 245, you face either misdemeanor or felony penalties, depending on the circumstances of your case. In California, assault with a deadly weapon could result in harsh criminal penalties and destroy your personal life. California Penal Code Section 245 (a) (1) pc: 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 a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. Deadly weapon are traditionally viewed to be guns and knives, but you can be convicted of CA PC 245 for using something like a beer bottle, a rock, car, pen, really anything that can be used to inflict great bodily injury onto another person.