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Bay Area Criminal Lawyers, PC Team

Assault with a Deadly Weapon

Under California’s assault law, Penal Code § 245(a)(1), any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

The prosecuting attorney can decide whether to charge assault with a deadly weapon as a misdemeanor or a felony in California, depending on the circumstances surrounding the case, the weapon used during the commission of the assault, as well as the injuries sustained by the victim and the identity of the victim. The statute does not limit deadly weapons only to firearms, machineguns, semiautomatics, or rifles. A deadly weapon can be any object that can be used to attack someone.

To prove that someone is guilty of assault with a deadly weapon, the People must prove: the defendant assaulted someone and the assault was committed using a deadly weapon or other means of force likely to cause great bodily injury.

Punishments for assault with a deadly weapon can vary depending on whom the assault was committed against and the type of weapon used. For example, according to Penal Code § 245(d)(1), any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years. Under Penal Code § 245(d)(3), any person who commits an assault with a machinegun or .50 BMG rife, upon a peace officer or firefighter shall be punished by imprisonment in state prison for 6, 9, or 12 years.

If you have been arrested for assault with a deadly weapon, Bay Area Criminal Lawyers, PC, can help. An experienced attorney will be ready to defend you, whether you were wrongfully or falsely accused of assault with a deadly weapon, you acted in self-defense or on someone else’s behalf, you did not act with the intent required, or you did not use a deadly weapon or the force necessary to cause great bodily injury. A capable and seasoned attorney will investigate your case, the evidence brought against you, and prepare for a strong defense to challenge the charges of assault with a deadly weapon. You can count on Bay Area Criminal Lawyers, PC, for the best legal guidance and support necessary to secure a favorable outcome for you.


The information on this website is for informational purposes only and is not intended, nor should it be taken, as legal advice. The information may or may not apply to your case or situation. Please do not rely on any information on this website as legal advice from an attorney because it is not legal advice. Please contact us if you have any questions, and we will be happy to have one of our lawyers talk to you. Any preliminary consultation between you and a lawyer from our firm is covered by the attorney-client privilege.



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