Assault With a Deadly Weapon Defenses – California Penal Code Section 245

Wallin & Klarich has had years of positive outcomes with numerous dismissals of assault and battery charges by doing proper investigation and then bringing forth evidence to show the “true facts” of a case. If you are accused of assaulting a person using deadly force that is likely to produce great bodily damage, our skilled and knowledgeable criminal assault attorney’s can raise certain defenses on you behalf.

Lack of Voluntary Act
Aggravated assault under Penal Code Section 245 is a crime of general intent, which means that it is not necessary to show that you intended the precise harm or result. It is enough to show that you intended to commit the act that resulted in the death or great bodily injury. However, the prosecution has the burden of proving beyond a reasonable doubt that you committed the act voluntarily. Any evidence that your attorney can present that shows that your actions were done by accident, mistake, or carelessness may provide a viable defense against an aggravated assault charge.

Factual Impossibility
If your attorney can assert that it would have been impossible for you to commit the assault because you lacked the present ability to inflict any kind of violent injury, then the charge against you may be reduced or dismissed. This impossibility can be demonstrated, for example, if your attorney can show that at the time of the alleged assault you had a physical disability or injury that would have made it impossible for you to actually inflict a violent harm upon another person.

Self-Defense or Defense of Others
By claiming this defense, your attorney asserts that your actions are justified because you acted in self-preservation or for the protection of others. Self-defense can excuse your otherwise criminal act if it was a reasonable response under the circumstances and that you acted in good-faith. This requires that you reasonably believed that you or another person was in imminent danger of suffering great bodily injury, that you believed that immediate force was necessary to avoid the threat, and that you used no more force than necessary to defend against the threat.

Consent
Your attorney can also assert the victim’s consent to the assault as a complete or partial defense. This issue typically arises in situations involving medical surgery or activities within the rules of a game or sport. Enrollment in a martial arts class involving the use of weapons may constitute valid consent from the victim.