The California Penal Code 245 (a) (1) outlines the crime of assault with a deadly weapon. You may be guilty under Penal Code 245(a) (1) if you assault someone with a weapon that qualifies as a deadly weapon. You may also face charges under Penal Code 245(a) (4) if you use force likely to produce a significant bodily injury to attack another person.  If you are facing charges for assault with a deadly weapon, Orange County Criminal Defense Attorney Law Firm can help you fight the charges.

Assault with a Deadly Weapon under California Law

There are several elements of the crime of attack with a deadly weapon (ADW) under the California Penal Code 245(a) (1) PC.  What does the prosecutor have to prove to show that you are guilty of ADW? The prosecutor must prove that you carried out an act that would have resulted in directing the application of force to another person.  It must be evident that while acting, you used a deadly weapon. You may also be guilty if it is evident the act you performed would result in force likely to produce significant bodily injury.

The prosecutor also has to prove that you acted intentionally/willfully when assaulting the other person. It must also be evident that while you acted, you were aware the victim believed your actions would lead to the application of force to him or her. The prosecutor must prove that at the time of acting, you could use a deadly weapon or apply a force likely to produce significant bodily injury.

What is the Application of Force?

Under the California PC 245(a) (1), you may be guilty of the application of force if you touch another person in a harmful or offensive manner. Even the slightest touch may count as an application of force as long as you do it  rudely or offensively. To face charges, the application of force does not have to be directly. Even if you use an object to touch the victim, you may still face charges under PC 245(a) (1). Also, if you did not or could not cause an injury to the victim by touching him or her, you may still face charges.  At times, you may not succeed in applying force to the victim. However, as long as your actions would result in the application of force to the victim, you may be guilty.  

What is a Deadly Weapon?

Under California law, any object, weapon, or instrument used in a manner likely to produce significant bodily injury or death qualifies as a deadly weapon. Weapons like guns and knives fall under deadly weapons. Items that people do not consider as weapons qualify as deadly weapons if you use them to cause significant bodily harm or death.

Some examples of deadly weapons may include a beer bottle if used to strike another person. An unloaded gun may qualify as a deadly weapon if you use it to hit another person. A seemingly harmless item like a pencil may qualify as a deadly weapon if you use it to stab another person causing death or significant injury. If you use your vehicle to attempt to run another person down, the vehicle may qualify as a deadly weapon. If you have a dog that may attack another person on command, the dog may qualify as a deadly weapon.

It is possible to use your bare hands to cause harm to another person — however, hands to do not qualify as deadly weapons. Any part connected to your body, including your hands or feet, does not qualify as a deadly weapon. However, if you use your hands or feet with force likely to cause significant bodily injury or death, the hands or feet may count as deadly weapons. For example, if you possess karate skills and make karate moves on another person with his/her consent, your hand and feet may qualify as deadly weapons. It is so because, in light of your skills, your karate moves are likely to cause significant bodily injury.

What Qualifies as a Significant Bodily Injury Under California Law?

Great bodily injury is any substantial or significant physical injury. It does not include minor harm, which may not call for any medical attention. Judges mainly have an overwhelming task of determining which injuries qualify as significant bodily injuries and injuries that fall under the category of minor harm. 

To face charges under California PC 245 (a)(1), it must be evident that you acted willfully. Willful actions mean that you had an intention to break the law and hurt another person. Your actions may also be intentional if you were seeking to gain an advantage by assaulting the other person.  You do not need to have had the intention to use force on another person. The court only needs to know that you are aware that your actions were likely to lead to the application of force.

Consequences for the Crime of Assault with a Deadly Weapon

The crime of assault with a deadly weapon is a wobbler under California law. It means that if you are guilty under PC 245 (a) (1), you may face felony or misdemeanor charges. The kind of charges you face will depend on several factors. The factors include the facts surrounding your case and your criminal history. 

When determining whether to charge you with a felony or a misdemeanor, the law enforcement officers or prosecutors may consider several factors. The prosecutor may consider the kind of weapon you used to commit the assault. The prosecutor will also take into account the type of injury the victim suffers and the severity of the injury. Who the victim was is also an essential factor when handling assault with a deadly weapon case. If the victim is a law enforcement officer or another protected person, you may face some additional charges.

If your ADW offense is a misdemeanor, the penalties may include serving jail time of up to one year in a California county jail. Instead of jail time, the court may recommend informal misdemeanor probation. Misdemeanor probation is also known as summary probation and has fewer conditions than formal felony probation. You will not have to meet with the probation officer regularly. You do not have to visit the probation office regularly. For a misdemeanor offense, the court may require you to pay a penalty that does not exceed $1,000.

If you commit an assault with a deadly weapon other than a firearm and the offense qualifies as a felony, you will face harsher penalties. The punishment for a felony offense may include formal felony probation. The probation has probation conditions, including meeting with the probation officer regularly. You also have to visit the probation office regularly. If you fail to honor the terms of probation, the court may revoke the probation and recommend jail time.

The court may also recommend imprisonment for an assault with a deadly weapon offense. You may face an imprisonment of two years, three years, or four years in a California state prison. The length of detention will depend on the facts surrounding your case. The court may also require you to pay a fine that does not exceed $10,000.

Assault with a Deadly Weapon with a Firearm

If you use a firearm as a deadly weapon, you will face higher penalties under California law. If you commit an assault with a deadly weapon involving an ordinary gun, the offense is a wobbler under California law. The court may charge the offense as a wobbler or misdemeanor. However, it is essential to note that a misdemeanor assault with a deadly weapon attracts a mandatory jail time of six months. 

If your assault with a deadly weapon offense involves a semi-automatic firearm, you will automatically face felony charges.  The potential imprisonment for ADW involving a gun is three years, six years, or nine years.

Which Types of Firearms may Attract Felony Charges for an ADW?

The firearms include machine guns, .50BMG rifles, or assault weapons. If you commit an ADW with any of the three firearms, you will face more extended imprisonment. You may face imprisonment for four, eight, or twelve years.   

Assault with a Deadly Weapon on a Law Enforcement Officer or a Firefighter

You will face harsher charges under Penal Code 245(a) (1) if you assault a law enforcement officer or another protected person with a deadly weapon.  You could face enhanced charges if you attacked a firefighter or a peace officer who is in the course of performing his/her duties. Enhanced charges are passed on if it is evident you were aware the victim was a peace officer or another protected person. Further, they were discharging their duties at the time of the incident.

You will face felony charges if you attack a law enforcement officer, a peace officer, or any other protected person in the course of carrying out their duties.  If you did not involve a firearm in the attack, you might face imprisonment of three, four, or five years.

If you use a firearm to assault a peace officer or another protected person, you will face enhanced penalties. Specifically, you will face more extended imprisonment for using a gun to attack a protected person. The length of your prison sentence will vary depending on the type of firearm used. If you use an ordinary firearm, you may face imprisonment for four, six, or eight years. If you use a semiautomatic firearm to attack a peace officer or other protected person, you may face five, seven, or nine years of imprisonment. If you use a machine gun, .50 BMG, or an assault weapon, you may face imprisonment of six, nine, or twelve years.

In some instances, assault with a deadly weapon may cause a strike on your records per California's Three Strikes Law.  An assault with a deadly weapon can be a strike if you inflict significant bodily injury on another person in the commission of the offense. You may also get a strike if you use a firearm to commit assault with a deadly weapon.  If you commit assault with a deadly weapon against a peace officer, you may get a strike on your record.  If you commit a subsequent felony after getting a strike on your criminal record, you will get double consequences for the consecutive felony. If you get a total of three strikes or more on your record, you may face imprisonment of up to 25 years in a California state prison. 

Common Defenses for Assault with a Deadly Weapon Charges

The charge of assault with a deadly weapon comes with harsh penalties. You may face severe consequences for actions that did not hurt anyone. With the help of an experienced criminal defense attorney, you can successfully fight charges under California PC 245(a) (1). Some of the common defenses for assault with a deadly weapon charge include:

  1. Assert that you did Not Use a Deadly Weapon or Force Likely to Cause Great Bodily Injury

You are only guilty under California PC 245 (a) (1) under two circumstances. First, you are guilty if you use a deadly weapon to assault another person. Second, you are liable if you use force likely to cause significant bodily injury to another person. If you are successful in denying being guilty of the two actions, you cannot face charges for assault with a deadly weapon.  The definition of a dangerous weapon is very tricky. An item that you may consider harmless may qualify as a deadly weapon. It is therefore essential to seek the services of an experienced criminal defense attorney to help you fight the charges. There is a gray area in defining force likely to cause bodily injury. Your attorney can take advantage of this gray area to fight your charges. 

  1. Self-Defense or Defense of Others

Self-defense or defense of others is a common defense strategy in many assault cases. You can fight assault with a deadly weapon charges by asserting that you were acting in self-defense. You may also declare that you were defending another person from harm.  To be able to use this defense strategy, you have to prove several elements. You have to prove that you felt/believed that you or another person was in danger of suffering bodily injury or unlawful touch.

You also have to prove that you thought it necessary to use force to prevent the threat of unlawful contact from happening. You have to demonstrate that you did not use more force than was required to avoid the danger from occurring.  If another person physically threatens you and you use a weapon to defend yourself, you may assert that you acted in self-defense against the imminent harm.

  1. You Did Not Act on Purpose/Willfully

One element of an offense under California PC 245 (a) (1) is to act willfully or with intent.  You may argue that the actions that led to the commission of an assault with a deadly weapon offense were accidental.  You may also say that the victim misinterpreted your actions and assert that the acts were not intentional. Your criminal defense lawyer can help examine all the facts surrounding your case and determine if you willfully committed the offense. 

  1. False Accusation

It is common for another person to accuse you of assault with a deadly weapon. It is common for you to face charges under PC 245 (a) (1) even when no person has suffered injuries. No physical proof of assault is needed, and this makes it easy for people to create false assault accusations against each other.  A person may have different motives for accusing you falsely. The main motivations include anger, jealousy, and a desire for revenge. For example, if a marriage breaks, the other spouse may accuse you of assault to seek revenge against you.

Related Offenses

There are several offenses related to the crime of assault with a deadly weapon under California PC 245(a)(1). You may face charges for these offenses alongside charges under PC 245 (a) (1). You may also face charges for related crimes instead of a charge under PC 245 (a) (1). Some of the offenses include:

Simple Assault

The California Penal Code 240 PC outlines the crime of simple assault. This is a lesser crime compared to the crime of assault with a deadly weapon. The prosecutor may grant you a plea bargain and reduce your assault with a deadly weapon charges to simple assault. The elements of the simple assault crime are similar to elements in the assault with a deadly weapon crime. However, in a crime of simple assault, you do not have to use a deadly weapon.  Under California law, the crime of simple battery is a misdemeanor. For this crime, you may face up to six years in California state prison. The court may also require you to pay a fine that does not exceed $1,000. 

Assault with Caustic Chemicals

You will face assault with caustic chemicals charges if you maliciously throw caustic chemicals at another with the aim of causing them injury. The California Penal Code 244 PC outlines this crime. You can only face charges for assault with a caustic chemical if the chemical makes contact with the body of the victim.  You may be guilty under California Penal Code 244 PC even if the chemical you used is not deadly or capable of causing injuries.  A crime under the Penal Code 244 PC is a felony under California law. The associated consequences may include imprisonment for two, three, or four years in a California state prison. 

Assault on a Public Official

The California PC 217.1(a) outlines the crime of assault on a public official.  Assault on a public official is a serious crime in California, which is closely related to the crime under PC 245(a)(1), assault with a deadly weapon. You may assault a public official or a close family member of the public official. Usually, assault on public officials aims to prevent the officials from performing their duties. Several members qualify as public officials, and they include members of judicial, executive, or legislature arms of the government.  Public defenders and prosecutors are also public officials. Under California law, assault on the public is a wobbler offense that may attract felony or misdemeanor charges.

Failure to Control a Dangerous Animal

Under California Penal Code 399 PC, it is an offense to fail to control a dangerous animal and allowing it to attack other people. It may sound hilarious, but an uncontrolled dog can qualify as a deadly weapon.  If a dog attacks another person and it is evident that you intended the assault to occur, you may face charges for assault with a deadly weapon. Alternatively, you may face charges for failing to control the animal. Charges under Penal Code 399 PC affect the owner of the dangerous animal.

If you are aware that a dog is dangerous, you should not allow it to run free. If you allow it to run free and another person suffers injuries or dies, you will face charges. If a person suffers an injury due to your inability to control a dangerous animal, the crime is prosecuted as a wobbler under California law. However, if a person dies due to your failure to control a dangerous animal, the offense automatically attracts felony charges.

Throwing Dangerous Objects at a Vehicle

Under the California Vehicle Code 23110 VC, it is an offense to throw dangerous objects at a motor vehicle. You should not intentionally and maliciously throw dangerous objects at a motor vehicle. Throwing objects intending to cause harm to occupants of a motor vehicle is a felony offense with harsh penalties. You may face both the crime of assault with a deadly weapon and the offense of throwing dangerous objects at a vehicle. You may commit an offense under Vehicle Code 23110 VC if a vehicle is too far for you to access it. Further, your actions amount to a crime of assault with a deadly weapon on its occupants. Thus, crimes under Vehicle Code 23110 VC and offenses under Penal Code 245(a) (1) are closely related.

Contact an Orange County Criminal Defense Attorney Near Me

If you are currently facing assault with a deadly weapon charge under California Penal Code 245 (a) (1), the Orange County Criminal Defense Attorney Law Firm can assist. Contact us at 714-740-7848 and speak to one of our attorneys. We will be happy to support you.