California Penal Code 17500 | Possession of a Deadly Weapon with Intent to Assault

Posted in California Law,Criminal Defense on July 15, 2024

California Penal Code § 17500 PC  states simply, “Every person having upon the person of any deadly weapon, with intent to assault another, is guilty of a misdemeanor.” Here, we dive into more details about this crime and how our experienced weapons charges attorneys in Riverside can help when you’re facing charges.

When You Can Be Charged with Possession of a Deadly Weapon with Intent to Assault

To be convicted of this offense, the prosecution must prove the following legal elements by proof beyond a reasonable doubt:

• You had a deadly weapon on your person.
• You knew you had the weapon.
• You had the intent to assault another person with it.

A “deadly weapon” is broadly interpreted under this offense to include guns, knives, baseball bats, and even innocuous items like rocks or bottles. Basically, if you have an item that could potentially kill someone, this could be considered a “deadly weapon”. Even if you are legally carrying the weapon, you can still be charged with this offense.

The prosecution must be able to prove the lethality of the object involved (that it could cause death) and its intended use. Circumstantial evidence can show your intent to assault, such as wielding the item in a threatening manner and how close it was to the alleged victim.

It is not necessary for you to have caused injury to the alleged victim or to have even made physical contact with another person to be convicted of this offense. An intent to assault legally means you plan to use the weapon to cause physical harm to someone else, even if you don’t make contact. For example, throwing something at someone and missing can be considered an assault.

Penalties for Possession of a Deadly Weapon with Intent to Assault

This crime is a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.

Are There Defenses to Possession of a Deadly Weapon with Intent to Assault?

There may be several practical defenses that you can raise to this crime, including the following:

• The item was not deadly – Whether the item is considered a deadly weapon is very case-specific. It may be possible to argue that the facts do not show it was a deadly weapon.
• You did not know you had a deadly weapon – This defense can arise if you did not know you had a deadly weapon on you. For example, someone could have planted the item in your belongings. The prosecution must also show you had actual possession of the weapon in question, not merely constructive possession, so if you shared a home or vehicle with someone else and did not know of the item’s presence, this could be a valid defense.
• You did not intend to assault another person – Another defense may be that you did not intend to assault another person with the item in question. For example, you could have had the item to protect yourself or others from imminent harm, not with any intent to harm anyone who did not provoke an attack.

Contact an Experienced Riverside Criminal Defense Lawyer for Help

Get the legal advice and representation you deserve. Contact our Riverside weapons charges lawyers at Law Offices of Graham D. Donath, APC, or call (951) 667-5293 to learn more about how we can lodge a strong defense on your behalf.