Search results
We would like to show you a description here but the site won’t allow us.
Jan 1, 2023 · California Code, Penal Code - PEN § 245. Current as of January 01, 2023 | Updated by FindLaw Staff. (a) (1) 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 ...
- Law of Assault with A Deadly Weapon
- Best Defenses
- Sentencing
- “Three Strikes” Implications
- Immigration Consequences
- Record Expungement
- Effect on Gun Rights
- Related Offenses
- Additional Reading
Under California law, a prosecutor must prove the followingto convict you of ADW: 1. you performed an act that, by its nature, would probably result in the direct application of forceto someone else, 2. you performed that act with either a lethal weapon, or with force that was likely to produce “great bodily injury,” 3. you performed the act willfu...
Through aggressive investigation, negotiation and litigation, we routinely get ADW charges droppedby asserting one or more of these four defenses: 1. self-defense, 2. no deadly weapon, 3. no willful act, and/or 4. false accusations
245(a)(1) PC is charged as a wobbler offense if the deadly weapon that was used was not a firearm. ADWs committed with a firearm are discussed in 3.1 below. A wobbler is a crime that a prosecutor can charge as either: 1. a misdemeanor, or 2. a felony. If charged as a misdemeanor, the crime is punishable by: 1. misdemeanor (or summary) probation, 2....
It dependson whether: 1. The conviction is for a misdemeanor or felonyoffense; 2. You used a deadly weapon or “forcelikely to produce great bodily injury”; and 3. The victim sustained great bodily injury23 Learn more about California’s Three Strikes Laws.
A conviction of ADW may have negative immigration consequences. The law states that if you (a non-citizen) commit an aggravated felony, then: 1. you can be deported, or 2. you can be marked as inadmissible. The law states that felony ADWis: 1. a crime of violence, and as such 2. is an aggravated felony.24 This means negative consequences ensue if y...
If you are convicted of this crime, you can get a criminal history expungement. This is true provided that you successfully complete: 1. probation, or 2. a jail term (whichever is relevant). If you violate a probation term, a judge may still award an expungement of your criminal record. Penal Code 1203.4 PC says an expungement releases you from vir...
A conviction under this statute may havenegative effects on your gun rights. California law says that convicted felons cannot: 1. own a gun, or 2. possess a gun. Recall that ADW can be charged as either a misdemeanor or a felony. If you are charged, and convicted of, felony ADW, then you will lose your gun rights.
There are three crimes related to ADW. These are: 1. brandishing a weapon or firearm – PC 417, 2. assault on a public official – PC 217.1, and 3. failing to control a dangerous animal – PC 399.
For more in-depth information, refer to these scholarly articles: 1. Commitment – Evidence of Character – Assault with Deadly Weapon – Impeachment of Witness – Criminal Law Magazine and Report. 2. Criminal Law: Assault with Unloaded Gun – Criminal Law Review. 3. Human Immunodeficiency Virus as a Deadly Weapon: Proposing a California Assault Law Tha...
This web page explains the legal definition and punishment of assault with a deadly weapon or instrument, firearm, or semiautomatic firearm in California. It also covers the special cases of assault on peace officers or firefighters and the confiscation of weapons.
This web page shows the text of California Penal Code § 245, which defines the crime of assault with a deadly weapon or instrument, and the penalties for different types of assaults. It also provides links to previous versions of the code and related sections.
May 8, 2024 · This is a California Criminal Jury Instruction for the crime of assault with a deadly weapon or force likely to produce great bodily injury, under Penal Code sections 240 and 245. It explains the elements of the crime, the definitions of terms, and the defenses available to the defendant.
California Penal Code 245(a)(4) PC makes it a crime to assault someone using such force that it is likely to cause the victim to suffer a “great bodily injury.” Under California law, an assault is an unlawful attempt to commit a violent injury on someone.
