California Penal Code Section 245(A)(2)
Are you facing charges for Assault with a Firearm? Violation of Penal Code 245(A)(2) can be a serious felony or misdemeanor. We at MacGregor & Collins have over 30 years of experience in Orange County assault 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(A)(2), anyone who willfully assaults someone with a firearm is in violation of CPC 245A2.
In order to prosecute for Orange County Assault with a Firearm, the state has the burden to prove you are guilty of:
- Assaulting someone
- The assault was carried out with a firearm, machine gun, rifle, semi automatic or another assault weapon
The penalties or punishment for assault with a firearm depend on a number of factors including the type of firearm used, the severity of the victimÕs injury, and whether the assault was carried out on a protected individual:
An assault with a standard firearm can be filed under (felony or misdemeanor), and those found guilty can face:
- Felony Ð 2-4 Years in the California State Prison and a maximum $10,000 fine
- Misdemeanor Ð 6Months to 1 Year in the Orange County Jail and a maximum $10,000 fine
An assault with a semi-automatic firearm is a felony punishable by:
- 3, 6 or 9 Years in the California State Prison
An assault with a machine gun, rifle or other assault weapons is a felony punishable by:
- 4,8 or 12 Years in the California State Prison
Potential Penalties:
If charged with a misdemeanor, other potential penalties include confiscation of the weapon. If the assault executed with the intention to kill, guilty parties can also be fined for attempted murder. Fines and prison time will also be increased if the assault was performed on an officer.
If you are facing Assault with a Firearm for Penal Code 245(A)(2) 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.
