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PC 245(a)(1) | Assault with a Deadly Weapon in California

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In California, assault with a deadly weapon is charged under penal code 245(a)(1) pc.[1] It is a wobbler that allows the prosecutor to charge you with either a felony or misdemeanor.

A deadly weapon can be virtually any object capable of producing great bodily injury, other than a firearm. Whether an instrument qualifies as a deadly weapon depends on (1) the object’s nature or (2) how the object was used. However, a deadly weapon must be extrinsic from the body. Therefore, your hands or feet cannot qualify as a deadly weapon.[2]

Some common examples of a deadly weapon include:

What are the Elements of Assault with a Deadly Weapon?

The prosecutor must prove the following elements beyond a reasonable doubt:

  1. The defendant willfully committed an act with a deadly weapon that would probably result in the application of force to another;
  2. The defendant was aware of facts that would lead a reasonable person to realize that their act would probably result in the application of force;
  3. The defendant had the present ability to apply force to another; and

The defendant was not acting in self-defense.[3]

Asserting a Defense to PC 245(a)(1) Charges

Self-Defense

To succeed on a claim of self-defense, you must prove:

Mistaken Identification

Mistaken identification is not uncommon. You are permitted to introduce evidence in the form of expert testimony about mistaken identification. The factors associated with a witness wrongfully identifying someone are cross-racial identification, poor lighting, and even stress over witnessing an event.

Accident

An act committed on accident[5] cannot be criminal. Accordingly, negligence, carelessness, or the act occurring by misfortune are via defenses. 

Constitutional Violation

The police may have obtained evidence against you by a constitutional violation. Indeed, suppose the police unlawfully searched your person, vehicle, or home and discovered evidence. In that case, you may file a motion to suppress. If the orders the suppression of the evidence, the prosecution will unlikely proceed with the case. 

What is the Punishment for Assault with a Deadly Weapon?

A felony violation for PC 245(a) is punishable as follows:

A misdemeanor violation is carries:

Other collateral consequences include:

Examples of Assault with a Deadly Weapon

Contact Us to Schedule a Free Consultation

If you face penal code 245(a)(1) charges, you must protect yourself with an experienced Orange County criminal lawyerContact us to schedule a free, confidential consultation to discuss your defenses and options. 

John Rogers is a board-certified criminal law specialist. This rare distinction has only been achieved by a small group of California criminal defense attorneys. He has an unmatched understanding of California’s violent crime laws. He stands ready to intervene at any stage of your case. 

Legal Footnotes


[1] Penal Code 245(a)(1) defined – (“Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”)

[2] See People v. Aguilar (1997) 16 Cal.4th 1023.

[3] See CALCRIM No. 875.

[4] See CALCRIM 3470.

[5] See CALCRIM No. 3404.

[6] See People v. Marsh (2019) 37 Cal.App.5th 474.

[7] See In re B.M. (2018) 6 Cal.5th 528, 531.

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