In California, assault with a deadly weapon is a serious criminal offense. It is severely punished and might result in lengthy prison time. Those accused of assault with a deadly weapon must seek the counsel of a competent criminal attorney to prevent charges and severe penalties. We at California Criminal Lawyer Group skillfully represent clients who have been charged with assault with a deadly weapon crime in Santa Ana, employing every tool available to craft a strategic defense to achieve the best possible outcome for them.

Assault with a Deadly Weapon According to California Penal Code 245

When you attack someone else using a lethal weapon besides a firearm, or if you assault another individual with force capable of causing serious bodily harm, it is called assault with a deadly weapon.

According to the circumstances of your case, the prosecutor may file either a misdemeanor or a felony charge against you under PC 245. Assault with a deadly weapon is thus classified as a wobbler offense as per California statutes. A misdemeanor charge carries a maximum sentence of 1 year in county jail, a penalty of $1,000, or either a penalty and incarceration. A felony conviction carries a maximum sentence of four years in state prison and penalties of $10,000.

To prosecute you of assault with a deadly weapon in California, the prosecution must show that:

  • You carried out an action that would certainly lead to the use of physical force against another person
  • You carried out the deed with a lethal object or using force capable of causing severe bodily harm
  • You acted deliberately
  • When you decided to perpetrate the act, you were conscious of the information that would make a sensible individual conclude that the action will lead to the use of aggression towards another individual directly
  • When you acted, you had the power to use a deadly weapon or violence that would cause grave bodily damage at the time

In Santa Ana, a typical illustration of an assault with a deadly weapon is a scenario in which two people get embroiled in a spirited debate in a nightclub. They move their brawl to the car park, where one of them pulls a bat from his car and utilizes it to attack the other person.

It's crucial to remember that making physical contact with someone else isn't always enough to establish a Penal Code 245 allegation of assault with a deadly weapon, although it can be if the encounter was made with violence capable of causing serious bodily harm. An assault with a deadly weapon arrest is often made as a criminal violation, but the prosecution determines if they should press felony or misdemeanor charges against you, rendering assault with a deadly weapon under  PC 245 a wobbler case.

It's worth noting that your victim doesn't have to be hurt for you to face criminal charges. The concern is if your actions could have led to using unnecessary force. It isn't about if force was used or not. Queries about the interpretation of the terms listed below frequently emerge under this criminal code:

  • The use force
  • A lethal weapon
  • A severe injury
  • Deliberately

Use of Force

Penal Code 245 defines "use of force" as any of the following:

  • Dangerous, or
  • Unmannerly touching

If it has been conducted disrespectfully, even the smallest bodily contact will be counted as an assault. Assault with a deadly weapon can happen even though the contact was indirect. Touching could be conducted in several ways. For instance, an individual forcing an item to come into contact with the victim. It's also worth noting that you don't have to succeed in using force against the other party. What's needed for you to be convicted is you:

  • Took an action that
  • Could almost certainly have led to the use of force against the other individual.

Definition of a Deadly Lethal Weapon

PC 245 describes a lethal weapon as:

  • Any kind of tool or weapon
  • Which has the potential to cause death or serious bodily harm

This description entails basic deadly weapons like firearms or knives. Other items, can be deadly/ lethal weapons if they're utilized in a manner that would:

  • Either murder somebody, or
  • Bring them significant harm

Deadly weapons can be:

  • Pencils
  • Swords
  • Vehicles
  • Daggers
  • Animals

Definition of Serious Bodily Harm

Serious physical harm is defined under the Penal Code as:

  • Prominent, or
  • Serious physical harm

This entails more than just minor injury. The following are some examples of serious bodily injuries:

  • Shattered bones
  • Wounds from gunshots
  • Bites from dogs
  • Black eyes

Definition of Deliberately

An individual behaves "willfully" as per this legislation if they do anything intentionally or purposefully. It doesn't matter if you had planned to:

  • Contravene the law
  • Harm someone, or
  • Obtain any kind of benefit

Penalties for Assault with a Deadly Weapon

PC 245 in California is charged as a wobbler, as previously stated. You could face misdemeanor or felony charges based on a variety of variables, including the sort of weapon utilized in the incident, if or not the victim was harmed as a result of the offense, and the occupation of the individual you attacked.

When an accused person used force against someone else, there is often the question of if the accused acted appropriately and reasonably in response to the victim's actual or potential fear of impending injury to either themselves or someone else. For instance, simply because the accused wins the altercation doesn't imply they are legally accountable. The accused could have a legal argument to the sort of weaponry used, based on whatever subdivision is convicted.

For instance, if the state accuses the offender of employing a machine gun when he actually was using a semi-automatic, she or he could be found criminally responsible for the minor offense under Penal Code 245.

Expert opinion might be necessary to determine if a particular weapon or tool counts as a lethal weapon or fits into more specified firearm classifications, and so presents the prosecution with sufficient evidence to support a conviction under PC 245. Under California's penal code 245, assault with a dangerous weapon is considered a severe offense, which we've seen, a sentence can lead to a lengthy stay in jail.

If you have been convicted with assault with a deadly weapon and charged with a misdemeanor, you could face a one-year sentence in jail or penalties of $1,000, or both. If your offense has been charged as a felony, you could face a maximum of 4 years in prison, $10,000 in fines, or both. Both types of assault with a deadly weapon are eligible for probation, which allows you to complete a portion of your term from the outside of prison.

Remember that a sentence under California Penal Code 245 could be subject to the "Three Strikes" statute. The execution of California Penal Code 1170 is triggered by the use of firearms in an assault with a deadly weapon and the use of force leading to serious bodily harm. You'll be condemned to a minimum of 25 years in state prison if you get the "third strike."

What Happens If an Assault with a Deadly Weapon Victim is an Officer or a Firefighter?

If the purported victim of the assault is a fireman or a law enforcement officer performing their jobs, and you were aware, or rationally ought to have been aware that the person was either a law enforcement officer performing their responsibilities, you will be charged with a felony. Even when there was no firearm involved, you could be sentenced to a prison term of 5 years. When a semiautomatic weapon is used, the maximum penalty is increased to 9 years, and when an assault weapon or a machine gun is used, the maximum sentence is increased to 12 years.

In some situations, a sentence for assault with a deadly weapon may qualify to be a strike as per the Three Strikes law in California. If significant physical harm was caused, the plaintiff is a law enforcement or peace officer, or a firearm was used, an assault with a deadly weapon charge is considered a strike. In California, if you have been prosecuted with a felony after being convicted of assault with a dangerous weapon that qualifies a strike, you'll receive a penalty that is twice as long as the standard term for the felony.

Use of Firearms in an Assault

PC 245 on the other hand, is concerned with using firearms in particular. When a criminal uses firearms to assault another person, he faces 2, 3, or 4 years in state prison.

Sometimes, however, using a firearm might be classified as a minor infraction. Under subsection (a)(2) of the Penal Code, a misdemeanor demands at least 6 months in the local jail, unlike a subsection (a)(1) violation. An infraction of subsection (a)(1) of the Penal Code 245 has no mandatory minimum penalty. The using specific more hazardous forms of weapons, like machine guns and assault weapons, is addressed under PC 245 in subdivision (a)(3).

When the state proves that strictly controlled firearms were used during the assault, § 245 gets a felony charge, and the penalty is increased to 4, 8, or 12 years in state prison. Semi-automatic weapons are treated as a felony charge with penalties ranging from 3 to 9 years in state prison.

Legal Defenses for Assault with a Deadly Weapon Charges

The consequences for assault with a deadly weapon are serious, and they can be even harsher if you will be unable to defend against the charges successfully during the trial. Nonetheless, simply because someone has assaulted someone, does not guarantee that they will be found guilty of the offense. You have the opportunity to defend yourself in court, which implies you can employ the best criminal attorney in Santa Ana to assist you. An expert attorney should take the time to thoroughly analyze the purported crime to determine the best defense strategy for your situation.

The good news is that the attorney may use a variety of defenses for your issue to make it difficult for the prosecution to create a strong case that will have you indicted. The prosecution could be faced with only 2 alternatives if you have a strong defense: make a plea deal or dismiss the case entirely. Here are a few examples of possible defenses:

There was no Deadly Weapon

You can only be found guilty under this provision if you used a dangerous weapon in the assault. This indicates that you can utilize this as a defense if your attorney can establish that:

  • Even though you assaulted someone
  • You didn't use a deadly weapon

You can hold up this argument by emphasizing key facts that prove the item you had was not lethal. The court could then choose to lessen the felony charge to a misdemeanor charge.

The Act was not Deliberate

Please keep in mind that you can only be convicted under Penal Code 245 if you carried out the act knowingly. As a result, proving that you didn't act intentionally is a legitimate argument. Maybe you did something accidentally and with no particular purpose in mind. The accusation of intent should be withdrawn if the prosecution can't prove it beyond a shadow of a doubt.

You were Unaware of the Victim's Identity

If you were unaware that the individual you assaulted was a peace officer and you had no way of being aware that he or she was a law enforcer, you will not be found guilty of assault. If the prosecution cannot establish that you were aware of the victim's identity, the trial may be dismissed. It's worth noting that if adequate evidence is uncovered that you did conduct the offense, you may be charged with violence.

Self Defense

Only in specific instances does California law enable an individual to exercise some justifiable authority to protect themselves. The only issue arises when someone exerts more force than is required, resulting in serious injuries on someone else. In this situation, if it is established, for instance, that a law enforcement officer used more force than was necessary to detain or restrain you, you may be legally justified if they assaulted the officer. But then again, the judge will thoroughly examine this before reaching a decision.

You were Defending Someone Else

The court could show you mercy if you may have assaulted someone when trying to protect someone else. Your attorney, on the other hand, must show that the victim had employed unreasonable force in that instance, hence why you stepped in.

False Accusation

If there was no assault, then you can’t be convicted. The prosecution must demonstrate that you assaulted someone with a deadly weapon. This implies there has to be proof that you acted unpleasantly or dangerously on purpose and unlawfully.

A Case of Mistaken Identity

You may be falsely accused of assault with a deadly weapon, particularly if you look like the person who carried out the offense. In such circumstances, your lawyer would have to dig deep into the evidence to convince the judge that you're being confused for the criminal. The allegations will be withdrawn if the proof presented is adequate.

Related Offenses for Penal Code 245

The offenses listed below are considered "related" since they're often prosecuted under California Penal Code 245 or share characteristics that the prosecution must establish beyond a shadow of a doubt.

Simple Assault

Attempting to cause severe harm to another individual is illegal under California law California Penal Code 240. Having contact with the victim is not required as part of the assault, and the prosecutor is not required to establish that any contact happened. Simple assault offenses can be committed even if there is only a small physical contact (such as caressing somebody through their clothing). Touching might also happen incidentally.

If you are found guilty of breaching California Penal Code 240, as a misdemeanor, you could face the following penalties:

  • A jail term of a maximum of six months
  • A maximum fine of $1,000 to $10,000
  • Both incarceration and fine penalties

The prosecutor does not need to show that you meant to cause harm to others.“If anybody was harmed, the court may include that aspect, together with every other proof, in determining if you executed an assault,” according to the law. However, if you were deliberately inebriated, it will not count as a legal defense.

The prosecutors must establish beyond a shadow of a doubt to prosecute you under California Penal Code 240 that:

  • You committed an act that could almost certainly lead to the use of force against another individual
  • You did that on purpose
  • A sensible person would have recognized you were going to use aggression when you committed that act
  • Lastly, you also could use force at the time

Battery Causing Serious Injuries

In California, Battery Leading to Significant Injuries California Penal Code 243 occurs when an Assault causes great bodily injuries, such as concussions, broken bones, or serious deformity.

If an assault with a deadly weapon is executed, it might turn into a Battery Leading to Serious Injuries. If you have been accused of this offense, you could face the following penalties:

  • A prison term of two, three, or four years
  • Maximum fines of $10,000
  • Both incarceration and fine penalties

A battery can be committed just by touching someone through their clothing. It could be accomplished in several ways like enabling an object to have physical contact with someone else.

The prosecutor must establish beyond a possible doubt to indict you under California Penal Code 243 that:

  • You acted inappropriately on purpose and against the law
  • As a consequence, that individual sustained significant physical injury
  • Lastly, you were not acting in self-defense or the defense of another person

Simple Battery

In California, simple battery under California Penal Code 242 is defined as the intentional and illegal use of aggression against someone else. When something is executed intentionally or deliberately, it is said to be executed "willfully."

If you've been accused of Simple Battery, you could face the following penalties:

  • Jail term of a maximum of six months
  • Maximum fines of $1,000
  • Both incarceration and monetary penalties

Touching does not have to be painful or cause injuries to be charged like a battery. The prosecutor must establish that:

  • You acted inappropriately on purpose and against the law
  • You also were not acting in self-defense or the defense of another person

Brandishing a Weapon

Brandishing A Weapon under California Penal Code 417 is an offense that occurs when someone without a legitimate justification displays a weapon with someone else present.

If you're accused of this offense you could face the following penalties:

  • A maximum sentence of one year in jail
  • Maximum fines of $1,000
  • Both incarceration and monetary penalties

The weapon does not need to have been loaded if you have been accused of this crime. The prosecutor must establish  beyond a shadow of a doubt to condemn you under California Penal Code 417 that:

  • In the presence of another person, you displayed a firearm or a lethal weapon
  • You utilized the firearm in a confrontation or displayed it in an impolite, aggressive, or menacing way. Finally, you were not acting in self-defense or to defend another person

Failure to Keep a Dangerous Animal Under Control

Inability to restrain a vicious animal is a breach of CPC 399. This infraction is committed by the possessor of the vicious animal once:

  • He/she knowingly allows the animal to roam loose or fails to take reasonable care of it, and
  • Someone else gets killed or seriously injured as a consequence of this

An individual can use a vicious animal to execute a deadly weapon assault when:

  • The animal can strike on command
  • The individual makes the attack demand

Find a Santa Ana Assault and Battery Attorney Near Me

If you are facing assault with a deadly weapon charge in Santa Ana, you can rely on California Criminal Lawyer Group to provide you with a professional, vigorous, and competent criminal defense that safeguards your rights. Call us at 714-844-4151 today to schedule a free, one-on-one appointment to discuss your options for defending these allegations and safeguarding your future.