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California Penal Code 245(a)(1) | Assault with a Deadly Weapon

Posted in Assault,California Law,Criminal Defense on July 18, 2024

If you find yourself involved in a physical altercation in which you had an object that could be used to harm someone, you may be facing assault with a deadly weapon charge. This is a serious criminal charge that can result in significant criminal penalties. Our board-certified and award-winning Riverside assault and battery lawyer can guide you through the criminal justice system and tell you what you can expect.

Definition and Elements of the Crime of Assault with a Deadly Weapon

California Penal Code § 245(a)(1) PC  defines this crime as an assault with a deadly weapon or force likely to cause great bodily injury. To prove you committed this crime, the prosecution must establish the following legal elements by proof beyond a reasonable doubt:

  • You committed an act with a deadly weapon that, by its nature, would likely result in the application of force, or you used force likely to produce great bodily injury.
  • You acted willfully.
  • At the time of the act, you were aware of the facts that would lead a reasonable person to believe the act would directly and probably result in the application of force to the alleged victim.
  • At the time of your act, you had the present ability to apply force on a person.

Important Terms to Know

This crime involves various terms directly affecting the prosecution’s ability to make their case against you. Your case could turn on the smallest detail or deviation from the following terms:

  • Application of force – The application of force is harmful or offensive touching, even including indirect touching, such as touching the alleged victim with an object. Actual contact does not need to occur for this crime to be committed.
  • Deadly weapon – A deadly weapon is any object or weapon that is capable of causing great bodily injury or death. This includes regularly accepted weapons, such as guns or knives, but it can also include less obvious items, such as rocks or broken bottles.
  • Great bodily injury – Great bodily injury is a significant or substantial physical injury, including broken bones, dog bites, lacerations, and black eyes.
  • Willfully – Willfully means you did something on purpose or willingly.

Potential Penalties

This crime is a wobbler in that it can be charged as a misdemeanor or a felony. If a misdemeanor, the potential penalty is up to one year in county jail and a fine of up to $1,000. If a felony, a conviction can result in two, three, or four years in prison and a fine of up to $10,000.

However, the crime can be punished more harshly if it involved a firearm or was committed against a police officer or firefighter, resulting in penalties up to 12 years in prison.

Contact an assault and battery attorney for a free case review

Defenses to Assault with a Deadly Weapon

The most common defense to this crime is self-defense. This means that you only used the item as a way to defend yourself or others. Other defenses may include:

  • The item was not a deadly weapon.
  • You did not act willfully.
  • The alleged victim has made false accusations.
  • You have been wrongly identified.

An experienced criminal defense lawyer can review your case and advise you of the viability of various defenses.

Call Our Best Riverside Assault & Battery Lawyer Today

Assault with a deadly weapon is a serious crime that can result in a felony conviction and substantial penalties. For a serious defense, contact an experienced criminal defense lawyer at Law Offices of Graham D. Donath, APC, and request a free and confidential consultation.