California Penal Code Section 245
According to California Penal Code 245, anyone who willfully assaults someone with a deadly weapon that would cause bodily injury is in violation and may be ordered to spend years in prison.
In order to prosecute for this offense, state prosecutors must be prepared to provide substantial evidence that you:
- assaulted someone
- committed an assault that was carried out with a deadly weapon or other force
- used a weapon or force that can cause bodily injury
The following could be considered an example of a CPC 245 Violation:
Freddy is at a party with his girlfriend and a lot of people that he does not know. Freddy goes to the bathroom and when he returns finds another person kissing his girlfriend. Freddy grabs an umbrella by the front door and begins to swing it like a baseball bat in the general direction of the person kissing his girlfriend.
If the example were true, Freddy would not have to commit physical contact to be charged for assault with a deadly weapon. The threatening act with the umbrella would be enough to charge him with a penal code violation.
The penalties or punishment for this offense 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. If you committed assault with a firearm, you can expect prosecutors to pursue the maximum penalties allowable as prosecutors are known to be especially vigilant against those accused of committing violent crimes.
Those found guilty can face:
- Up to four Years in the California State Prison and a maximum fine of $10,000
- Up to one year in the Orange County Jail and a maximum fine of $10,000
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.
There are a number of different legal defenses available to those charged with PC 245, depending upon the circumstances that surround each individual’s arrest. Those who fight their charges may claim that the assault was in self defense and that they would not have harmed the person who was attacked had they not felt that their own safety was in immediate danger. Others may try to try to avoid a conviction by providing evidence that they were under duress at the time of the attack or that their level of intoxication affected their decision making. We advise anyone that is serious about obtaining a not guilty verdict or case dismissal to speak with a skilled assault lawyer about their case.
If you are facing charges for assault with a deadly weapon, speaking with an attorney about your options may be in your best interest. MacGregor & Collins, LLP attorneys in Orange County offer free case evaluations to help offenders get the information they need. Call (844) 285-9559 or fill out our contact form to help avoid a criminal conviction.