Individuals can face charges under California Penal Code Section 245(a)(1): Assault with a Deadly Weapon if accused of willfully using a deadly weapon that could cause someone great bodily injury or death. The court treats this charge as a wobbler, leading to either misdemeanor or felony charges.
Individuals convicted under PC 245(a)(1) can face time in county jail, incarceration in prison, fines, and other penalties. A Los Angeles assault with a deadly weapon defense lawyer can explain more details about these charges and review common defenses.
You can learn more when you call or complete our online contact form.
Defining Assault with a Deadly Weapon Charges
California’s penal code defines assault with a deadly weapon (ADW) as an act that occurs anytime someone willfully uses a deadly weapon or force capable of causing great bodily harm or death against another person.
An individual must be aware that they could harm another person for a California Penal Code Section 245(a)(1): Assault with a Deadly Weapon conviction.
What Are Deadly Weapons?
California uses a very broad definition of deadly weapons. Any implement that an individual could use to cause a great bodily injury or death is considered a deadly weapon. Examples of these weapons can include:
- Knives or swords
- Clubs
- Baseball bats
- Metal tools
- Broken bottles
- Rocks
- Brass knuckles
Firearms may also count as a deadly weapon. Examples of firearms include semi-automatic firearms, machine guns, assault rifles, shotguns, revolvers, and other types of firearms.
Regardless of the type of weapon used, these charges can have severe effects on an individual’s future.
Note also that individuals face charges of assault with a deadly weapon even if no one is hurt. A Los Angeles criminal defense attorney can provide more information about these charges.
What Is a Great Bodily Injury?
Individuals should only face charges under PC 245(a)(1) for taking an action with a weapon that could result in great bodily harm. Under the law in California, great bodily injuries must have a significant or substantial physical effect.
Examples of great bodily injury include:
- Wounds caused by semi-automatic firearms, machine guns, assault weapons, or other types of firearms
- Broken bones or fractures
- Injuries from dog bites
- Cuts and burns
If an event had no chance of causing a great bodily injury, an individual may face charges for simple assault instead. A simple assault conviction will result in less severe penalties.
Does Intent Matter for PC 245(a)(1) Charges?
The court system in California should only convict individuals who act willfully to cause harm to another person. Acting willfully means doing something on purpose, not necessarily setting out to break the law, gain an advantage, or hurt someone.
A Los Angeles violent crimes lawyer can provide more information about intent and how it applies to PC 245(a)(1) accusations. You can rely on a law firm to assess the specifics of your charges and to provide answers to any other legal questions that you have.
Is PC 245(a)(1) a Felony Offense?
Courts in the Los Angeles area can treat assault with a deadly weapon as either a misdemeanor or a felony. Therefore, the court system considers this charge a wobbler offense. The prosecution decides how to prosecute wobblers.
The prosecution’s decision about the classification of criminal charges usually depends on:
- The Severity of Any Injuries Caused by the Assault
- The Lack or Presence of Physical Contact
- The Nature of the Deadly Weapon Used
The prosecution may also look at an individual’s past criminal record when deciding how to handle these charges in Orange County and surrounding areas.
Go Over the Penalties for a Conviction Under PC 245(a)(1)
The penalties for a California Penal Code Section 245(a)(1): Assault with a Deadly Weapon conviction vary based on several factors.
Misdemeanor Penalties for PC 245(a)(1) Convictions
Misdemeanor assault with a deadly weapon charges are less severe than felony charges. However, a misdemeanor conviction can still lead to one year in county jail and fines of up to $1,000.
Felony Penalties for PC 245(a)(1) Convictions
A felony conviction for aggravated assault can result in four years in prison and fines of up to $10,000.
Penalties for Acts Involving a Firefighter or Police Officer
Individuals will automatically face felony charges if accused of assault with a deadly weapon against a firefighter or peace officer. Individuals face this kind of charge if they should have known an individual works as a peace officer or firefighter.
In this situation, individuals could spend five years in prison after a conviction. The sentence may increase to 12 years of prison time if the crime involved a firearm.
Do Penalties Change for ADW with a Firearm?
Individuals can face harsher penalties for ADW involving a firearm. The charge remains a wobbler if an individual uses an ordinary firearm. Ordinary firearms can include pistols and revolvers. In this situation, most of the above penalties apply.
However, even a misdemeanor conviction for ADW with a firearm results in a minimum jail sentence of six months.
ADW with a Firearm May Qualify as a Straight Felony
California Penal Code Section 245(a)(1): Assault with a Deadly Weapon always counts as a felony if the event involved:
- Assault weapons
- Semi-automatic firearms
- Machine Guns
This more severe charge also applies to the use of a .50 BMG rifle. Individuals convicted of this kind of aggravated assault may face a prison sentence of up to 12 years.
Does a PC 245(a)(1) Conviction Count as a Strike?
A PC 245(a)(1) conviction sometimes counts as a strike under California’s three-strikes law. Misdemeanor convictions generally do not qualify as a strike on your record. Additionally, a felony conviction for an act without a great bodily injury may not lead to a strike.
However, individuals may get a strike on their records if they:
- Face a felony conviction
- Caused someone a great bodily injury OR
- Used a deadly weapon (regardless of whether an injury resulted)
Each time someone gets a strike on their criminal record, they face harsher penalties and a longer prison sentence. Individuals with three strikes may end up facing life in prison for aggravated assault or another violent crime conviction.
Therefore, it’s essential to take these charges seriously and contact a criminal defense lawyer immediately after an arrest. Your attorney can explain California’s three-strike law and any exceptions.
Does a PC 245(a)(1) Conviction Impact Immigration?
A conviction under California Penal Code Section 245(a)(1): Assault with a Deadly Weapon can have negative consequences if you want to immigrate to the United States. Individuals can face deportation if convicted of an aggravated felony in California.
The immigration system may also mark you as inadmissible after conviction for aggravated assault. You can protect your future after an accusation of assault by reaching out to a criminal defense attorney for prompt help building a solid defense.
Does ADW Impact Your Gun Rights in California?
A conviction for the offense of assault with a deadly weapon can negatively impact your gun rights. California’s legal system states that convicted felons cannot possess or own a gun. Therefore, you may lose your gun rights after a felony conviction under PC 245(a)(1).
Fortunately, an attorney can help you meet these charges head-on before they end up on your criminal record.
Can You End Up on Probation After a PC 245(a)(1) Conviction?
You may end up on summary probation after a misdemeanor conviction for ADW. Individuals convicted of a felony may end up on formal probation, which has more severe probationary terms.
Individuals on probation can stay out of jail or prison. However, they have to obey all probation terms set forth by the court. For example, these terms may require someone to:
- Provide proof of employment
- Regularly meet with a probation officer
- Stay in a certain area
- Avoid an arrest for any subsequent crimes
Individuals who break their probation terms may face probation violation charges. Violating your probation could result in harsher conditions, a longer period of probation, or time in jail or prison.
A Los Angeles probation violation lawyer can help if someone accuses you of breaking your probation terms. You can get help immediately if you end up in this situation.
Focus on Criminal Defenses for Assault with a Deadly Weapon
A charge under PC 245(a)(1) does not automatically have to result in a conviction. Professional criminal defense lawyers can often build solid defenses for their clients by arguing:
Their Clients Acted in Self-Defense
Individuals in Los Angeles do not just have to stand there if another person threatens their lives. You are allowed to protect yourself, even if that means harming someone else.
A lawyer may be able to prove that you were acting in self-defense to beat an assault with a deadly weapon charge.
Their Clients Did Not Use a Deadly Weapon
As previously noted, the legal definition of a deadly weapon is very broad in California. However, it is sometimes possible to prove that an individual was not using a deadly weapon at the time of an assault. This argument could lower an individual’s charges to simple assault.
Their Client Didn’t Act Willfully
Individuals may avoid a conviction under California Penal Code Section 245(a)(1): Assault with a Deadly Weapon if a lawyer shows they had no criminal intent. Demonstrating a lack of intent can allow a lawyer to establish reasonable doubt and prevent a conviction.
Criminal defense attorneys may use this defense in cases involving accidental injuries or injuries caused when engaging in a sporting activity. You can discuss this option with a lawyer and focus on getting your charges dropped.
Their Client Faced False Accusations
Sometimes, people make false accusations about aggravated assault. A lawyer can help you avoid a prison sentence in this situation by arguing against the credibility of your accuser. We may look for motivations that could lead an accuser to lie.
You have legal options if someone falsely accuses you of the crime of assault with a deadly weapon.
How do Lawyers Resolve PC 245(a)(1) Accusations?
A criminal defense attorney may use several strategies to resolve charges for ADW accusations. In many cases, law firms focus on:
Getting Charges Dismissed
The court may dismiss California Penal Code Section 245(a)(1): Assault with a Deadly Weapon charges if a lawyer can block evidence used by the prosecution or prove that the police abused a client’s rights during the arrest on an investigation.
Getting charges dismissed means they will not remain on your criminal record.
Getting Charges Reduced
Sometimes, lawyers focus on getting PC 245(a)(1) charges reduced through a plea bargain agreement with the prosecution. These deals allow individuals to accept lesser charges with less severe penalties.
However, a plea bargain still requires you to admit guilt for criminal charges. An attorney can review any deals made by the prosecution to see if they serve your best interests or if you should pursue a different strategy to resolve your charges.
Representing You in Court
You can rely on an attorney to represent you in court after an ADW accusation. A lawyer can question witnesses, present evidence, and clearly state your case, fighting to bring you a favorable decision from the judge and jury.
Can You Expunge a PC 245(a)(1) Conviction?
You may have options to clean your record after a felony conviction with Prop 47. The court system may consider an expungement if you are not on parole or probation and you do not have any new cases pending when you request this legal option.
Expungement removes a charge from your criminal record. However, it can prove challenging to remove felony charges. Therefore, many legal professionals recommend facing these charges before a conviction and building a solid defense with help from a legal team in Los Angeles.
Go Over Examples of Assault with a Deadly Weapon
The following acts could be considered violations of PC 245(a)(1):
Man A gets very angry during an argument with Man B. Man A grabs a stick up off of the ground and attempts to hit Man B in the head with the stick. Man A misses, and Man B eventually gets away. Man A could be charged with assault with a deadly weapon.
Man C is out for a drive when he sees Man D, who stole his wife. He becomes enraged and jumps out of the car, drawing his pocket knife. He attempts to stab Man D, who protects himself by hitting Man C with a rock. Man C could face charges of assault with a deadly weapon. Man D, who acted in self-defense, should not face charges.
Understanding the Difference Between Assault and Battery Charges
Battery is a criminal act often connected to assault. Assault charges can apply anytime someone intends to harm another person. Battery charges only apply if someone actually causes an injury.
There are a number of battery charges that may be used in Los Angeles, including:
- California Penal Code Section 242: Battery
- California Penal Code Section 243(b) and 243(c)(2): Battery on a Peace or Police Officer
- California Penal Code Section 243(d): Battery Causing Serious Bodily Injury
- California Penal Code Section 243(e)(1): Domestic Battery
Individuals can get help handling both assault and battery charges from a professional Los Angeles criminal defense lawyer.
In cases involving acts of assault, individuals may also face charges under:
- California Penal Code Section 240: Assault
- California Penal Code Section 245(a)(2): Assault with a Firearm
- California Penal Code Section 217.1(a): Assault on a Public Official
- California Penal Code Section 220: Assault With Intent to Commit a Felony
- California Penal Code Section 244: Assault with Caustic Chemicals
- Penal Code 245.5 PC | Assault on a School Employee
An attorney can provide more in-depth information about all of these criminal charges.
What Parts of the Legal Process Will an Attorney Handle?
An attorney will help with all parts of the legal process after a California Penal Code Section 245(a)(1): Assault with a Deadly Weapon arrest. When you hire a lawyer, they can:
Represent You During Legal Questioning
You can count on an attorney to represent your best interests after an arrest. The Sixth Amendment of the Constitution gives you the right to representation, and legal professionals recommend that you exercise this right.
The police and prosecution will use everything you say against you. These members of the justice system want to secure a conviction and are not concerned with your best interests, so you can hire a lawyer who will put you first.
Help During an Arraignment Hearing
An attorney can help during the arraignment hearing after a PC 245(a)(1) arrest. During the arraignment hearing, the court will provide information about an individual’s specific charge and require the accused to enter a plea.
You must plead not guilty, guilty, or not contest during this arraignment hearing.
Help with a Bail Hearing
A lawyer can represent an individual in a bail hearing after an arrest. In some cases, the court system allows individuals to remain out of jail until their criminal trial if they pay bail.
An attorney can push for a lower bail payment, making it easier for clients to retain their freedom in the aftermath of an arrest.
Monitor the Actions of Police Officers
A criminal defense lawyer can monitor police officers while they investigate PC 245(a)(1) accusations to ensure they respect the rights of the accused. If a lawyer proves that the police violated an individual’s rights, the court may dismiss ADW charges.
When Is the Best Time to Contact an Assault Defense Lawyer?
The professionals recommend that individuals contact a law firm for help immediately after an arrest under California Penal Code Section 245(a)(1): Assault with a Deadly Weapon. You can reach out to a lawyer for help if you or a loved one face an assault accusation.
Getting help right away means you’ll have someone on your side and protecting your rights.
Can You Work with a Public Defender?
Individuals may decide to work with a public defender after an assault accusation. These individuals do the best they can to help individuals facing criminal charges, but they have heavy workloads and often do not have time to focus on all the individuals counting on them.
You can improve the strength of your defense by working with a private law firm that has the time, resources, and training to put your case first after an arrest for ADW.
Get Professional Help Dealing with a PC 245(a)(1) Violation
It can be challenging to take on the court system on your own if someone accuses you of violating California Penal Code Section 245(a)(1): Assault with a Deadly Weapon. You can get professional help by contacting the Simmrin Law Group now.
Our team can even offer you a FREE initial case evaluation. Take charge of your future by calling or filling out our online contact form.