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Penal Code 17500 PC | Possession of a Deadly Weapon with Intent to Assault

 

Penal Code 17500 PC – Possession of a Deadly Weapon with Intent to Assault

What’s up! This article will explain California’s law against possessing a deadly weapon with intent to assault under Penal Code 17500 PC. We’ll break it down in simple terms, looking at what’s illegal, penalties, defenses, and more. No fancy legal talk here!

What Does California Law Say About Deadly Weapons?

California law makes it illegal to carry any deadly weapon if you intend to use it to assault someone. Let’s break down what’s required:

  • You possessed a deadly weapon
  • You intended to use the weapon to assault someone

So if you grab a baseball bat and say you’re gonna hit someone with it, you could be charged under PC 17500. It doesn’t matter if you actually assault them or not – just having the weapon and intent is enough.

What Counts as a Deadly Weapon?

Almost anything can be a deadly weapon depending on how it’s used. Some common examples include:

  • Guns
  • Knives
  • Baseball bats
  • Tire irons
  • Broken bottles
  • Large rocks

It comes down to whether the object could cause serious injury or death based on how you use it. Even normal things like pens or keys could count as deadly weapons under the law if used to assault someone.

What Are the Penalties?

Possessing a deadly weapon with intent to assault is a misdemeanor in California. Potential penalties include:

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  • Up to 6 months in county jail
  • A fine up to $1,000
  • Misdemeanor probation

While these penalties are relatively minor compared to felonies, a misdemeanor conviction can still impact your life. It goes on your criminal record and can make jobs, housing, and other things more difficult to get.

Recent Changes to the Law

Here are some recent changes that affect charges under PC 17500:

  • In 2020, the minimum age to purchase a semiautomatic rifle was increased from 18 to 21.
  • Also in 2020, laws were passed restricting ghost guns and assault weapon parts.

An experienced criminal defense lawyer can advise you on the latest California laws regarding weapons possession and use.

Legal Defenses

Here are some examples of defenses that could fight PC 17500 charges:

  • No intent to assault – You didn’t actually intend to use the weapon against someone.
  • Self-defense – You possessed the weapon to lawfully defend yourself or others if threatened.
  • Not a deadly weapon – The object was not capable of causing serious bodily injury or death.

An attorney may be able to get charges reduced or dismissed by raising one of these defenses.

Recent Cases

Let’s look at some real case examples:

  • People v. Clark – Clark was convicted after threatening someone with a baseball bat during a fight. He got 90 days jail.
  • People v. Miller – Miller was acquitted after using a pen to defend himself from an attacker. The jury found the pen wasn’t intended as a deadly weapon.

What to Do If Charged with PC 17500

If you are facing charges for possessing a deadly weapon with intent to assault, here are some steps to take:

  1. Remain silent and only speak to your criminal defense lawyer
  2. Hire an experienced criminal defense attorney
  3. Follow your lawyer’s advice about plea bargains or going to trial
  4. Work closely with your lawyer to build the strongest defense

Never try to represent yourself on weapons charges. An experienced California criminal defense lawyer can often negotiate reduced charges or even get charges dismissed. Don’t take chances with your future!

 

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