California Penal Code Section 245
Are you facing charges for Assault with a Deadly Weapon? Violation of Penal Code 245 can be a serious felony or misdemeanor offense. We at MacGregor & Collins have over 30 years of experience in Orange County disorderly conduct cases. We are an unparalleled OC criminal defense firm who will help you understand the charges brought against you and fight to get you the best judgment possible for your case.
According to California Penal Code 245, anyone who willfully assaults someone with a deadly weapon that would cause bodily injury is defined as Assault with a Deadly Weapon, otherwise known as ADW.
In order to prosecute for Orange County Assault with a Deadly Weapon, the state has the burden to prove you are guilty of:
- Assaulting someone
- The assault was carried out with a deadly weapon or other force
- The weapon or force could cause bodily injury
The penalties or punishment for assault with a deadly weapon depend on a number of factors including the type of weapon used, the severity of the victim's injury and if the person had special provisions like a police officer. Assault with a deadly weapon can be filed under (felony or misdemeanor), and those found guilty can face:
- Felony - 2-4 Years in the California State Prison and a maximum $10,000 fine
- Misdemeanor - Up to 1 Year in the Orange County Jail and a maximum $10,000 fine
Potential Penalties:
If charged with a misdemeanor, other potential penalties include informal probation, victim restitution, confiscation of the weapon, community service or classes for anger management. If you're charged with a felony, other potential penalties include a possible strike on your record. These prospective penalties are based on the factors described previously.
If you are facing Assault with a Deadly Weapon charges for Penal Code 245 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.
