Are you facing charges for Assault with a Firearm in California? Violation of Penal Code 245(A)(2) can be a serious felony or misdemeanor, depending upon your case’s specific circumstances. If convicted you will have a criminal record that can limit your employment opportunities throughout your lifetime. In addition, if you have previous convictions you may be in danger of triggering California’s three strikes law.
At MacGregor & Collins, LLP, our attorneys have assisted several individuals accused of violent crimes and will use their experience to help you avoid serious penalties. Contact us today to receive a free consultation and case review.
PC 245a2 Defined
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 prosecutors to convict a person of committing this offense, the state has the burden to prove you are guilty of:
- assaulting someone
- carrying out an assault with a firearm, machine gun, rifle, semi automatic or another assault weapon
Penalties for CPC 245a2 Violations
The penalties or punishment for this penal code violation depend on a number of factors including the type of firearm used, whether you committed aggravated battery during the alleged incident, and whether the violation was carried out on a protected individual:
These crimes can be filed as a 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 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
If charged with a misdemeanor, other potential penalties include confiscation of the weapon. If the violation was 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 offense was performed on an officer.
If you are facing charges for violating Penal Code 245(A)(2), speaking with a skilled criminal attorney may be in your best interest. California law is very complex. Without a skilled attorney, you may miss out on opportunities to have your charges dropped and/or your case dismissed. Call (888) 250-2865 now to receive assistance from experienced legal professionals.