ASSAULT WITH A DEADLY WEAPON – PC § 245(a)(1)

The crime of assault with a deadly weapon consists of a committed assault by means of a “deadly weapon,” or by force great enough to cause serious bodily injury to a(n) individual(s).

In California, assault with a deadly weapon could result in harsh criminal penalties.  Due to the severity of the assault with a deadly weapon sentence and punishment under Penal Code 245, it is vital that you contact an attorney who is dedicated to giving you the best representation possible. Pat Carey has experience filing, prosecuting, and taking to trial assault with a deadly weapon cases.

Determining an Assault with a Deadly Weapon Sentence in California

The assault with a deadly weapon sentence and punishment depends on whether the offense is charged as a misdemeanor or felony. Assault with a deadly weapon is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts of your case. In making this determination, the prosecution will consider various factors such as the type of weapon used to commit the offense, the extent of the victim’s injuries (if any), and the manner in which the assault was conducted. Whether the offense is charged as a felony or misdemeanor will determine the sentencing and punishment following a conviction.

How Much Jail Time for Felony Assault with a Deadly Weapon?

If you are convicted of felony you could be facing an assault with a deadly weapon sentence of up to 4 years in county jail and required to pay a fine of $10,000.

There are also several factors that can increase the criminal penalties beyond this range. They include:

• Use of a semiautomatic weapon: If you are convicted of assault using a semiautomatic firearm such as a handgun or rifle, you can be sentenced up to 9 years in prison.
• Use of an automatic weapon: If you are convicted of an assault using an automatic weapon such as a machine-gun, assault weapon, or a .50 BMG rifle, you can be sentenced up to 12 years in prison.
• Alleged victim was a police officer or firefighter: If the alleged victim was a police officer or firefighter and working in that capacity at the time the assault occurred, you can face up to 12 years in prison depending upon the type of weapon used in the assault.
• Felony Strike: Any felony conviction under Penal Code Section 245 may also result in a “strike” for the purposes of California’s “Three-Strikes” law. Three strikes on your criminal record means that you could be sentenced to life in prison without parole.

How Much Jail Time for Misdemeanor Assault with a Deadly Weapon?

If you are found guilty of misdemeanor assault with a deadly weapon using a deadly weapon other than a firearm, you  can be sentenced up to a year in jail and required to pay a fine of up to $10,000.

If you are found guilty of felony assault with a deadly weapon using a firearm, the same misdemeanor penalties apply but will include a 6 month minimum jail sentence.

Your Firearm or Handgun will be Confiscated if Convicted of Assault with a Deadly Weapon in California

If you are convicted of assault with a deadly weapon and you are found to be the owner of the weapon used during the offense, the court will issue an order that the weapon be deemed a nuisance. This means that the weapon will be confiscated and likely sold at a public auction or even destroyed.
 

How Does the Court Determine Jail Time for Assault with a Deadly Weapon?

If you are convicted of this crime, the court has discretion in determining your assault with a deadly weapon sentence and punishment in accordance with CA penal code section 245 guidelines. The court has the following options at time of sentencing:

• The court can sentence you to one of three terms provided by law
  • Misdemeanor assault with a deadly weapon: up to one year in county jail
  • Felony assault with a deadly weapon: 2,3, or 4 years in county jail
  • Felony assault with a deadly weapon (automatic weapon): 4,8, or 12 years in state prison
  • Place you on probation for a period of 3 to 5 years and impose a sentence of up to one year in county jail
  • Place you on probation with no jail time, but have you do community service or a work release program
  • Place you on formal probation and assign you a probation officer

Probation Terms Associated with an Assault with a Deadly Weapon Sentence in California

When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:

1. Violate no law (other than a traffic infraction)
2. Visit your probation officer as often as required by your probation terms
3. Perform community service
4. Pay restitution to compensate the victim
5. Ban against owning or possessing a deadly weapon

These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can increase your sentence up to the maximum time allowed by law.