PC 245 (a)1 Assault with a Deadly Weapon

Assault with a Deadly Weapon

In California, you may face an assault with a deadly weapon charge after an altercation or bar fight in which you picked up an object that you could have used as a dangerous weapon. Due to the seriousness of this charge, you need experienced legal representation to help you defend yourself against the potential consequences of a conviction.

Contact the Law Offices of Justin E. Sterling for a free initial consultation with a proven criminal defense attorney in Los Angeles. We’ll explain how our law firm can help you handle prosecution for an assault with a deadly weapon charge.

With over 20 years of criminal law experience, Attorney Justin E. Sterling puts every effort into building a solid case and advocating for the best possible resolution for his clients. His track record includes many cases resulting in reduced charges, dismissals, diversion program placement, and not guilty verdicts in California courts. Outcomes may vary, but what never changes is our firm’s pursuit of fair treatment by the criminal justice system.

What Is PC 245(a)(1) – Assault with a Deadly Weapon?

A person in California may commit assault with a deadly weapon (ADW) when they violate California PC 245(a)(1). Under this statute, a person commits a crime when they commit an assault upon another person with a deadly weapon or a deadly instrument other than a firearm.

Examples of actions that could lead to a charge of assault with a deadly weapon in California include:

  • Pointing a knife at a person
  • Attempting to attack a person with a broken bottle or brass knuckles
  • Charging someone with a baseball bat
  • Commanding a large dog, such as a pit bull, German Shepherd, or Rottweiler, to attack a person
  • Throwing a brick at a person

California Penal Code Section 245(a)(1): What Prosecutors Must Prove

For an ADW charge in California, the prosecution must prove multiple legal elements beyond a reasonable doubt, including:

  • The defendant assaulted someone – Under California law, a person commits an assault when they try to violently hurt someone and have the ability to do so in that moment. Threats aren’t good enough. Prosecutors must prove the alleged offender could carry out the crime and produce great bodily injury.
  • The defendant used a deadly weapon or instrument other than a firearm – The defendant must have used a weapon or instrument capable of inflicting severe or fatal injuries, such as a knife, baseball bat, hammer, axe, or crowbar.

Penalties & Sentencing Outcomes for ADW Charges

Assault with a deadly weapon constitutes a “wobbler” offense in California, meaning that prosecutors can charge the crime as either a misdemeanor or a felony offense. Convictions may result in sentences that could include:

  • Felony – State prison term of two, three, or four years and a fine of up to $10,000
  • Misdemeanor – Up to one year in county jail and/or a fine of up to $1,000

How a prosecutor grades an ADW charge will depend on the severity of the crime and a defendant’s criminal history.

A court may also sentence a defendant to pay restitution, which reimburses a victim for financial losses they sustained due to the defendant’s crime, such as medical bills or lost wages for missed work while recovering from serious injuries suffered in the attack.

Legal Defenses for PC 245(a)(1) Charges

A person charged with violating PC 245(a)(1) may present various defenses in an effort to secure reduced charges, a case dismissal, or an acquittal at trial. Common defenses used in an assault with a deadly weapon case include:

  • Self-defense/defense of others – A defendant may claim they acted to protect themselves or others from the alleged victim’s violent aggression.
  • No deadly weapon – A defendant may deny having had possession of a deadly weapon during the alleged incident.
  • Lack of intent – A defendant may deny having intended to inflict a violent injury on another person.
  • Mistaken identity – A defendant may claim that a victim or eyewitness has mistakenly identified them as the perpetrator of the assault.
  • False accusation – A defendant might claim that an alleged victim fabricated their allegations about the assault.
  • Alibi – A defendant can present evidence to prove they were elsewhere when the alleged assault occurred and thus could not have committed it.

Collateral Consequences Beyond Jail Time

Being arrested, charged, or convicted of assault with a deadly weapon can have other consequences beyond criminal penalties.

  • Personal injury lawsuit – A victim may sue the defendant in civil court for losses the victim suffered due to the crime, including medical expenses, mental health treatment, or lost wages. Unlike a criminal case, where the prosecution must prove beyond a reasonable doubt that a defendant committed a crime, a civil claim only requires showing the defendant “more likely than not” assaulted and injured the victim. While you can’t get jail time in a civil claim, a successful case could require you to pay substantial compensation to the victim.
  • Immigration consequences – This can include deportation for non-citizens or other immigration challenges.
  • Loss of gun rights – Firearm restrictions include 10 years for a misdemeanor and life for a felony.
  • Criminal record – Convictions could disqualify a convicted offender from getting jobs, licenses, and housing.
  • Damaged reputation – Unfortunately, even an ADW charge can harm personal and professional relationships, regardless of the outcome of your criminal case.

Lesser Charges for Assault with a Deadly Weapon

Depending on the facts of a case, prosecutors may choose to amend an assault with a deadly weapon charge to a lesser charge. The evidence in a trial for assault with a deadly weapon may also lead a jury to convict a defendant of a lesser included charge.

Examples of related or lesser charges for the crime of assault with a deadly weapon include:

  • Simple assault
  • Simple battery
  • Throwing a dangerous object at a motor vehicle
  • Charges based on the circumstances, such as failing to control a dangerous animal

Contact a California Criminal Defense Attorney Today

If you’ve been arrested for a serious crime like assault with a deadly weapon, you need aggressive legal representation to help you protect your rights and future. Contact the Law Offices of Justin E. Sterling for a free consultation with a Los Angeles County criminal defense attorney today.