California Penal Code Section 245
According to California Penal Code 245, anyone who willfully assaults someone with a deadly weapon that would cause bodily injury is in violation and may be ordered to spend years in prison.
In order to prosecute for this offense, state prosecutors must be prepared to provide substantial evidence that you:
- assaulted someone
- committed an assault that was carried out with a deadly weapon or other force
- used a weapon or force that can cause bodily injury
The following could be considered an example of a CPC 245 Violation:
Freddy is at a party with his girlfriend and a lot of people that he does not know. Freddy goes to the bathroom and when he returns finds another person kissing his girlfriend. Freddy grabs an umbrella by the front door and begins to swing it like a baseball bat in the general direction of the person kissing his girlfriend.
If the example were true, Freddy would not have to commit physical contact to be charged for assault with a deadly weapon. The threatening act with the umbrella would be enough to charge him with a penal code violation.
Penalties
The penalties or punishment for this offense depend on a number of factors including the type of weapon used, the severity of the victim’s injury and if the person had special provisions like a police officer. If you committed assault with a firearm, you can expect prosecutors to pursue the maximum penalties allowable as prosecutors are known to be especially vigilant against those accused of committing violent crimes.
Those found guilty can face:
Felony
- Up to four Years in the California State Prison and a maximum fine of $10,000
Misdemeanor
- Up to one year in the Orange County Jail and a maximum fine of $10,000
If charged with a misdemeanor, other potential penalties include informal probation, victim restitution, confiscation of the weapon, community service or classes for anger management. If you’re charged with a felony, other potential penalties include a possible strike on your record.
There are a number of different legal defenses available to those charged with PC 245, depending upon the circumstances that surround each individual’s arrest. Those who fight their charges may claim that the assault was in self defense and that they would not have harmed the person who was attacked had they not felt that their own safety was in immediate danger. Others may try to try to avoid a conviction by providing evidence that they were under duress at the time of the attack or that their level of intoxication affected their decision making. We advise anyone that is serious about obtaining a not guilty verdict or case dismissal to speak with a skilled assault lawyer about their case.
Legal Defense
If you are facing charges for assault with a deadly weapon, speaking with an attorney about your options may be in your best interest. MacGregor & Collins, LLP attorneys in Orange County offer free case evaluations to help offenders get the information they need. Call (844) 285-9559 or fill out our contact form to help avoid a criminal conviction.
GET DEFENSE FROM AN AWARD-WINNING TEAM OF ATTORNEYS
Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".
.2006191803550.png "Under 40")
WHY WE'RE THE RIGHT CHOICE
-
Over 45 years of Collective Experience
-
Thousands of Cases Successfully Handled
-
Former Deputy District Attorney
-
Impressive Track Record of Results
-
Highly Respected by Peers and Clients
-
Free Initial Consultation
A Winning REcord
Always Pursuing the Best Possible Result
-
Case Dismissed Domestic Violence Battery
-
Case Dismissed Possession of Methamphetamine
Defendant completed diversion PC 1000 for Possession of Methamphetamine, resulting in a case dismissal.
-
Case Dismissed Murder
-
Penalty Reduced | All Other Counts Dismissed Grand Theft
-
Not Guilty DUI - 0.12% BAC
The Defendant faced charges of DUI with a blood alcohol content of .12% and hit and run. Following the trial, the Defendant was found Not Guilty of all charges and was subsequently discharged.
