Assault with a deadly weapon is a serious crime under California law, as explained under Penal Code 245(a)(1). This offense attracts severe punishment, including a jail term, fines, and paying restitution to the victim. A conviction for the crime could affect your life negatively due to a tainted reputation, leading to the loss of public assistance, educational opportunities, employment, and housing opportunities. However, you should not give up when the prosecutor accuses you of violating PC 245(a)(1). Your case does not have to result in long-term consequences. If you face an assault with a deadly weapon charge, you should seek the services of a competent criminal attorney to help you create a suitable defense. Our attorneys at the Desert Defense Lawyer have successfully defended thousands of clients facing charges under PC 245(a)(1) in Palm Desert.
Assault With a Deadly Weapon Under California Law
You could face charges under Penal Code 245(a)(1) if you assault someone using a lethal weapon or any other weapon apart from a gun. You could also face charges under this statute if you assault another person with a force that would likely cause serious bodily harm to them.
The penalties and sentencing for violating Penal Code 245(a)(1) vary depending on whether the prosecutor accuses you of a misdemeanor or felony violation. When the prosecutor accuses you of this crime, he/she will consider several factors, including how you executed the act of assault, the severity of the injuries the victim sustained, and the weapon you used.
If the District Attorney accuses you of assault with a deadly weapon, the prosecutor must prove the following elements:
- You engaged in an act that would likely lead to the application of force against someone else.
- You executed the act using a deadly weapon or other means that could have caused serious bodily injury.
- You willfully or deliberately committed the offense.
- When you committed the offense, you were aware or ought to have been aware that it could lead to the application of force against another person.
- You applied force using a deadly weapon, which could have caused injuries.
Typically, the victim does not have to sustain injuries for you to face charges under PC 245(a)(1). The court considers whether your act could have led to the application of force.
Use of Force
Application of force is any offensive or harmful touching. Any slight touch could amount to the application of force if you execute it offensively or rudely. You could also be guilty of assault with a deadly weapon even if the act was not direct, for example, by using an object to touch someone else.
You could also face charges under PC 245(a)(1) even if you do not succeed in applying force to someone else. The judge considers whether you took some action that would likely lead to using force on someone else.
Use Of A Deadly Weapon
A deadly weapon is defined as any type of weapon or object that can inflict serious bodily harm or even cause death. The obvious deadly weapons include knives and firearms. However, other items could also qualify as deadly weapons if they are used in a manner that could kill another person or inflict significant injuries. Examples of these items include:
- A car used to run over someone.
- Commanding a dog to attack a person.
- A BB gun.
- Using a pencil to stab another person.
- Using a bottle to attack another person.
- Hitting another person with an unloaded gun.
Willfully Or Deliberately
According to this statute, you act willfully if you do something on purpose or intentionally. You could be guilty under this law even if you do not intend to violate it, hurt someone, or gain an advantage over someone else.
Having Knowledge That The Act Could Result In The Use Of Force
You could be guilty under PC 245 (a) (1) if you use force that could cause substantial bodily harm and you have knowledge of your actions. For example, you could face charges if you use an unloaded gun in a manner that is likely to cause death or inflict significant bodily injury. In this case, you cannot deny that you knew that your actions would inflict serious bodily harm on the victim.
Great Bodily Injury
According to California law, great bodily injury means significant physical injury. The following are examples of great bodily injuries:
- Black eyes.
- Lacerations.
- Dog bites.
- Gunshot wounds.
- Broken bones.
Penalties For Violating Penal Code 245 (a) (1)
A violation of Penal Code 245 (a) (1) is usually charged as a wobbler crime if the deadly weapon you use is not a gun. In this case, you could face misdemeanor or felony charges. If the judge convicts you of a misdemeanor, you could face the following penalties:
- A fine that does not exceed $1,000.
- A jail term that does not exceed one year in a county jail.
- Summary or misdemeanor probation.
If the judge convicts you of a felony, you could face the following penalties:
- A fine that does not exceed $10,000.
- A jail term that does not exceed four years in a state prison.
- Formal or felony probation.
However, the above punishment will change if you commit assault with a deadly weapon using a gun or assaulting a police officer or firefighter.
If you commit an assault with a deadly weapon using an ordinary gun like a pistol or revolver, you will be charged with a wobbler offense. If the judge charges you with a misdemeanor, you will face the following penalties:
- A jail term that does not exceed six months.
- A fine that does not exceed $1,000.
- Summary or misdemeanor probation.
The judge could charge you with a felony if you commit this crime using an assault weapon, a.50 BMG rifle, a machine gun, or a semiautomatic gun. A felony charge will attract a jail term that does not exceed 12 years.
Assault On A Police Officer Or Firefighter
You will face felony charges if you commit assault on the police or firefighters. The charges will apply if you were aware or ought to have known that the victim was a police or firefighter. In this case, you could face a jail term that does not exceed five years in state prison. If you used a firearm to commit the offense, you could face a jail term of six, nine, or twelve years in state prison.
Three Strikes Law
You will face enhanced penalties under the Three Strikes Law if:
- You inflicted severe bodily injuries on another person.
- You used a gun to commit the crime.
- You assaulted the police with a deadly weapon.
Your jail term could increase by two years if you have a prior conviction and commit another felony offense.
Negative Immigration Consequences
You could also face negative immigration consequences if convicted of assault with a deadly weapon. If you are a non-citizen convicted of an aggravated felony, you could be marked as inadmissible or even deported from the United States. Under California law, felony assault with a deadly weapon is a crime of violence, particularly an aggravated felony. You could therefore face negative repercussions if you are charged with a felony under PC.
Assaulting with a deadly weapon could also negatively affect your gun rights. Under California law, you cannot possess or own a gun if you are convicted of a felony.
Probation Instead Of Jail Time
The court could grant you probation instead of jail time, depending on the circumstances of your case. While on probation, you must adhere to several probation conditions. Failing to adhere to the imposed probation conditions could lead to revocation. The conditions of probation can include the following:
- A prohibition from using or possessing a deadly weapon.
- Restitution to the victim.
- Participating in community service.
- Meeting with your probation officer regularly as the probation terms dictate.
- Not committing any other crime other than traffic infractions.
The above conditions only represent a section of the conditions the court could impose on you. If you violate any of the above requirements, the court could extend your jail term to the maximum term the law allows.
Expungement of Your Criminal Record
You can get a criminal history expungement after a conviction for assault with a deadly weapon. However, you can only be eligible if you complete a jail term or probation. A judge could still award you an expungement of your criminal record even if you violate the conditions of probation. Penal Code 1203.4 relieves you of virtually all the punishment and disabilities associated with the charges.
Defenses To Assault With A Deadly Weapon Charges
Some of the defenses you could use to challenge your PC 245 (a)(1) charges include:
You Were Falsely Accused
Jealousy and revenge are some of the reasons that could make a person accuse you falsely. Your attorney will assess the history and other reasons your accuser could have for filing a false lawsuit against you.
You Did Not Intend To Commit The Crime
Your attorney could argue that you did not have a plan to use the deadly weapon to assault the purported victim. Your attorney could also allege that you did not intend to commit the crime. If your attorney convinces the judge, your charges could be reduced or dropped.
You Acted In Self-Defense Or To Defend Others
This could be a valid defense against your charges if you used a deadly weapon to prevent physical harm to yourself or other people.
You Did Not Employ Force Likely To Result In Great Bodily Harm
There is a serious debate about what makes force likely to cause great bodily harm. Your attorney could allege that you did not use force to cause significant physical damage when you brandished your weapon. He/she could assert that the way you brandished your weapon could not have rationally caused injury to someone else. If your attorney provides convincing proof, you could be acquitted of your charges.
You Did Not Use A Deadly Weapon
Under California law, you are only guilty of assault with a deadly weapon if you use a weapon likely to inflict significant bodily harm or cause death. You are therefore required to prove that:
- Even if you committed the offense,
- You did not use a deadly weapon while committing the crime.
You can bolster this claim by emphasizing specific information that shows that the item you were holding was not a deadly weapon.
What qualifies as a deadly weapon is subject to debate. For example, you could throw an inflated ball at someone else. You will not face charges under PC 245 (a) (1) if you threw the ball in a manner that could not have caused great bodily harm. Your felony assault charges can be reduced to simple assault charges.
Relate Offenses
Some of the offenses that could be charged alongside PC 245(a)(1) include the following:
Assault On a Public Official (Penal Code 217.1)
You could be guilty under PC 217.1 if you assault a public official to prevent them from performing their duties. If the DA accuses you of assaulting a public official, the prosecutor must prove these elements:
- You committed an assault.
- You committed an assault against a public official or close family member of the public official.
- You committed the assault in retaliation for or to prevent the public official from performing their official duties.
Under California law, a public official could be:
- President or vice president.
- A federal or state-elected official.
- A former or current public defender.
- A former or current district attorney or prosecutor.
- The director or secretary of any executive agency.
- A referee, commissioner, or other subordinate judicial officer.
- A state, local, or federal justice, former or current judge.
- The governor.
A close family member of the public official could include the following:
- Stepparents.
- Parents.
- Step siblings.
- Siblings.
- Stepchildren.
- Children.
- Spouses.
Judges usually charge a violation of PC 217.1 as a wobbler crime. You could face misdemeanor or felony charges, depending on your criminal record and the circumstances surrounding your charges.
If the judge charges you with a misdemeanor, you could face a fine that does not exceed $1,000. You could also face a jail term that does not exceed one year in a county jail as opposed to a state prison.
If the judge charges you with a felony, you could face a fine that does not exceed $10,000. You could also face a jail term that does not exceed three years in state prison.
Usually, several defenses are available that you can use to challenge your PC 217.1 charges. They include:
- You acted in self-defense or defense of others.
- There was no assault.
- You had no criminal intent.
Failing to Control a Dangerous Animal (Penal Code 399)
It is a crime under Penal Code 399 for you to keep or own a dangerous animal and fail to control it, and as a result, it injures or kills someone. An animal is considered dangerous under California law if:
- It is domesticated but likely to harm people intentionally.
- It is a wild animal.
If the DA accuses you of violating PC 399, this statute requires that he/she prove the following elements:
- You had control of and owned a dangerous animal.
- You were aware that the animal was dangerous.
- You intentionally allowed the animal to run free or failed to use ordinary care in restraining the animal.
- The animal injured or killed someone.
- The victim observed all the necessary precautions that an ordinary person would have taken in a similar circumstance.
You could face several penalties if you fail to control a dangerous animal. If someone else dies because you failed to control a dangerous animal, you will face felony charges. The penalties you could face include:
- A fine of up to $10,000.
- A jail term of 16 months, two, or three years in a county jail.
- Formal probation.
If someone else sustains serious injuries, the offense is a wobbler. If the judge convicts you of a misdemeanor, you could face the following penalties:
- A fine of up to $1,000.
- A jail term of up to six months in a county jail.
- Summary probation.
If the judge charges you with a felony, you could face the following penalties:
- A fine of up to $10,000.
- A jail term of 16 months, two years, or three years in a county jail.
- Formal probation.
The defenses you could present against your PC 399 violation include the following:
- There is a victim of police or prosecutorial misconduct.
- The victim ignored warnings about the animal.
- You exercised ordinary care in controlling the animal.
- You were not aware that your animal was dangerous.
- Your animal was not dangerous.
- Your animal was not a wild animal.
- You were not the animal’s handler or owner.
Find a Criminal Defense Attorney Near Me
It is a criminal offense for you to use a deadly weapon to assault another person. If you face an assault with a deadly weapon charge, consult a skilled and committed criminal attorney. An attorney will gather sufficient evidence and create a strong defense strategy to fight your charges. At the Desert Defense Lawyer, our attorneys are experienced in creating convincing defenses against criminal charges. We will walk with you from the investigations to the court hearings. Contact us at 888-293-0396 to speak to one of our Palm Desert attorneys.
