Criminal Defense Lawyers

California Penal Code Section 245(a)(1) PC: Assault With A Deadly Weapon

California Penal Code Section 245(a)(1) PC: Assault With A Deadly Weapon

I wanted to provide some helpful information about California’s law on assault with a deadly weapon. This charge can be really scary if you get accused of it. The penalties are harsh too – up to 4 years in prison if convicted! But don’t panic. There are defenses a good criminal defense lawyer can use to get the charges lowered or even dismissed.Let me break down the key things you need to know about this law.

What Exactly Does This California Law Say?

Section 245(a)(1) of the California Penal Code makes it illegal to assault someone using a deadly weapon other than a gun. This is what’s called a “wobbler offense” – it can be charged as either a misdemeanor or felony.Here’s what the prosecutor has to prove to get a conviction:

• You intentionally committed an act with a deadly weapon (not a gun) that would probably result in force being applied to someone
• You were able to actually use the deadly weapon against someone
• You acted willfully
• A reasonable person would have realized your actions would likely result in force being used on someone
• You were able to use the deadly weapon against the other person

Some examples of deadly weapons are knives, broken bottles, metal pipes, baseball bats, screwdrivers – even a car if someone tries to run over someone else.

What Are the Penalties If Convicted?

If charged as a misdemeanor, the penalties are:

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

If charged as a felony, the penalties get much worse:

• 2, 3 or 4 years in state prison
• A fine up to $10,000
• Felony probation

The court can also make you pay restitution to the victim for medical bills, lost wages, and other expenses. And it goes on your criminal record.

What Legal Defenses Can I Use to Fight the Charges?

Just because you’ve been accused doesn’t automatically mean you’re guilty. A good defense attorney can evaluate the evidence and build strong defenses to get the charges lowered or dismissed.Here are some common defenses that could apply:

• Self-defense – If you acted in self-defense or defense of others against imminent harm, you aren’t guilty. But the amount of force must have been reasonable.
• False accusations – The alleged victim may be falsely accusing you out of anger, revenge, or other motives. Your lawyer can investigate their background and credibility.
• Mistaken identity – Eyewitnesses often misidentify people. Your attorney may be able to show you were misidentified.
• No deadly weapon – The prosecutor has to prove you used a deadly weapon. If the object doesn’t meet the legal definition, you aren’t guilty.
• Lack of intent – Assault requires willful intent. If your actions were an accident or done in the heat of passion, you may not have intended harm.

A good defense lawyer will closely examine the evidence and figure out the best defense strategies for your specific situation.

What Other Related Charges Should I Know About?

There are other similar assault crimes under California law:

• Assault – Penal Code 240 PC, a misdemeanor assault without a weapon or force likely to cause great bodily injury.
• Battery – Penal Code 242 PC, using force or violence against someone resulting in harmful or offensive touching.
• Domestic battery – Penal Code 243(e)(1) PC, battery committed against a spouse, cohabitant, or dating partner.
• Assault with a firearm – Penal Code 245(a)(2) PC, assault with a gun instead of another deadly weapon.
• Assault by force likely to produce great bodily injury – Penal Code 245(a)(4) PC, assault using force likely to produce great bodily injury without a weapon.

A good criminal defense lawyer can help ensure you are properly charged and defend against any type of assault accusation.

What Are the Consequences of a Conviction?

A conviction for assault with a deadly weapon can really mess up your life beyond just jail time and fines. For example:

• Criminal record affecting jobs, housing, etc.
• Difficulty getting professional licenses
• Loss of gun rights
• Possible deportation if you aren’t a U.S. citizen
• Violating probation/parole leading to more jail time

That’s why it’s so important to get an experienced criminal defense attorney if you’re charged under PC 245(a)(1). They understand all the consequences and will aggressively protect your rights.

Get Expert Help Fighting These Charges

Being accused of assault with a deadly weapon is really scary. But California law allows defenses that a skilled lawyer can use to get charges lowered or dismissed.Don’t delay in contacting an attorney for help. They’ll conduct their own investigation, build a strong defense, and advocate for you every step of the way. With an aggressive defense, you may be able to avoid the severe penalties of a conviction under this law.