PC 245(a)(1) – Assault with a Deadly Weapon

Assault with a Deadly Weapon – Table of Contents

• PC 245(a)(1) Overview
• PC 245(a)(1) Prosecuting
• PC 245(a)(1) Defending
• Assault with a Deadly Weapon – Hire Us

Assault with a Deadly Weapon Overview

Assault with a Deadly Weapon, CA Penal Code 245(a)(1), is commonly referred to as aggravated assault and requires the use of an object, other than a person’s body, to inflict great bodily injury to another, or act in a way that is likely to result in great bodily injury. In order to be prosecuted of assault with a deadly weapon the prosecutor must prove the two elements of the case:

1. You assaulted someone
2. The assault was committed using a deadly weapon or force that was likely to cause great bodily injury

Deadly Weapon Factors

Assault with a deadly weapon is a wobbler, meaning it can be tried as either a felony or as a misdemeanor. Your criminal record and the details of the crime are the determining factors in how the prosecutor will charge you.

If convicted of assault with a deadly weapon as a misdemeanor you could face:

• Up to five years of informal probation
• Up to one-year in county jail
• Up to $10,000 in fines
• Victim restitution
• Confiscation of the used weapon
• Community service
• Participation in an anger management class

If convicted of assault with a deadly weapon as a felony you could face:

• Up to 4 years in state prison
• Up to $10,000 in fines
• Victim restitution
• A “strike” in accordance to California’s Three Strike laws
• Confiscation of the used weapon

If you used certain guns, such as semiautomatic weapons or assault weapons, or if you fired at a police officer or firefighter you face additional years in state prison.

Prosecuting Assault with a Deadly Weapon

As previously noted, in order to be convicted of CA PC 245(a)(1) the prosecutor must prove the two elements of the crime:

1. You assaulted someone
2. The assault was committed using a deadly weapon or force that was likely to cause great bodily injury

Lack of Elements

The first element of the crime has its own difficulties for prosecutors to prove, for a full understanding of how the prosecution proves you’ve assaulted someone read the article Assault and Battery, CA Penal Code 240 and 242 respectively.

The second element of the crime can be difficult for the prosecution to prove. 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.

The difficulty for the prosecution is proving that a victim sustained great bodily injury. There are some instances when determining the level of great injury is easy, like a concussion, broken bones, and missing teeth. However, in cases when a victim sustains a scratch or a bloody nose the level of great bodily injury is more difficult to prove.

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. What constitutes as great bodily injury varies from case to case.

Defending PC 245(a)(1)

The most common defense used by criminal defense attorneys is that the defendant acted in self defense. If you reasonably believed at the time of the assault that the only way to protect yourself was through force then your attorney will prove that you acted in self defense.

Self Defense

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.

Another viable defense is that you didn’t have the ability to carry out the assault. If for example you threaten to shoot someone with a gun but the gun wasn’t loaded then you can’t be charged with assault with a deadly weapon. The second element of the crime requires that you act in a way that is likely cause great bodily injury, threatening to shoot someone with an unloaded gun will not result in great bodily injury. It’s important to note however that if you threaten to shoot someone with a gun, even if it unloaded, you can still be charged with criminal threats and other crimes.

Procedural Flaws

Another defense strategy that your criminal defense attorney can utilize is to prove that the police did not follow proper procedures. Police officers are held to laws the same way that citizens are, and police must follow strict rules while performing their duties. If the arresting officer in your case did not follow the proper arresting procedures, such as reading you your Miranda rights, then your attorney can weaken the prosecutions case by having evidence dismissed.

RELATED CRIME:

• Murder
• Attempted Murder
• Assault and Battery
• Assault with a Firearm
• Assault with Caustic Chemicals
• Assault with Intent to Commit a Felony

We Want to Help

If you or a loved one is facing an Assault with Deadly Weapon charge (Penal Code 245 PC) then it’s imperative to discuss your case with a criminal defense attorney immediately. Yuliya Kelmansky is a Los Angeles Criminal Defense Attorney and has experience defending California in a variety of crimes, including “Assault with a Deadly Weapon”.

Call Us for a FREE Case Review: 213-932-8922