Engaging in conduct that could hurt someone while armed with a deadly weapon or firearm is a chargeable offense under California Penal Code § 245. Regardless of whether the act causes injury, the alleged actor could face severe punishments. Assault with a deadly weapon, as the crime is referred to, can be a wobbler or a straight felony. The level of charge and associated penalties are tied to the type of weapon used to commit the offense and upon whom the crime was committed. In some cases, a person can be sentenced to a maximum of 1 year in county jail; in others, up to 12 years.
Accused of assault with a deadly weapon? Contact our Los Angeles attorneys at Lessem, Newstat & Tooson, LLP by calling (800) 462-7160 today.
What Is Assault with a Deadly Weapon?
Assault with a deadly weapon is when someone does something that could result in direct physical contact with another person when they have a firearm or deadly instrument on them or could cause great bodily injury.
More specifically, it involves the possibility of someone being touched by a second individual in a way that may be considered:
- Harmful,
- Rude, or
- Offensive.
The alleged actor does not have to actually touch the other person to commit a violation. And if they do make contact with the other individual, even the slightest touch, regardless of whether it causes pain or injury, may fall under the definition of the offense.
Additionally, when the alleged actor engaged in the conduct, they must have done it on purpose or known that they would make the other individual fear they were in danger of being harmed.
What Is a Firearm or Deadly Weapon?
A firearm is an instrument/weapon that uses an explosion to cause a projectile to be discharged from a barrel. Offenses under section 245 are not limited to incidents involving handguns.
The statute also specifies other firearms that can lead to a charge, including:
- Semiautomatic weapons,
- Machine guns,
- Assault weapons, and
- .50 BMG rifles.
A deadly weapon is any instrument or object designed to or can be used in a way to cause death or great bodily harm. For instance, a knife is an inherently deadly weapon because it is manufactured to cut through things, and if used against a human being, it could cause severe injury. A baseball bat, while not inherently deadly, may also be considered a deadly weapon because it can be fashioned to cause serious harm.
Assault with a Deadly Weapon Punishments Depend on the Weapon and Alleged Victim
As mentioned earlier, assault with a deadly weapon can be a wobbler, meaning a misdemeanor or felony, or a straight felony. The level it’s charged at depends on the instrument used in the offense and the alleged victim. For wobblers, the prosecutor will determine the level based on the facts of the case.
Below are the potential punishments for different assault with a deadly weapon offenses:
- The alleged actor used anything other than a firearm (wobbler)
- Up to 1 year in jail or
- 2, 3, or 4 years in prison
- The alleged actor used a firearm (wobbler)
- 6 months to 1 year in jail or
- 2, 3, or 4 years in prison
- The alleged actor used a machine gun, assault weapon, or rifle (straight felony)
- 4, 8, or 12 years in prison
- The alleged actor used force that could cause great bodily injury (wobbler)
- Up to 1 year in jail or
- 2, 3, or 4 years in prison
- The alleged actor used a semiautomatic weapon (straight felony)
- 3, 4, or 9 years in prison
- The alleged actor committed an offense against someone they knew was an on-duty police officer or firefighter
- and used a weapon other than a firearm or did an act likely to cause great bodily injury (straight felony)
- 3, 4, or 5 years in prison
- and used a firearm (straight felony)
- 4, 6, or 8 years in prison
- and used a semiautomatic weapon (straight felony)
- 5, 7, or 9 years in prison
- and used a machine gun, assault weapon, or rifle (straight felony)
- 6, 9, or 12 years in prison
- and used a weapon other than a firearm or did an act likely to cause great bodily injury (straight felony)
Get Started on Your Case
Assault with a deadly weapon is a serious charge, but that doesn’t mean the case is hopeless. A thorough review of the facts can uncover legal errors, weaknesses in proof, or other details to challenge the accusations.
If you need help fighting your charge in Los Angeles, please contact Lessem, Newstat & Tooson, LLP at (800) 462-7160.