Assault With a Deadly Weapon Sentencing & Punishment – California Penal Code Section 245

An assault with a deadly weapon is a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense. Whether you face a felony charge or the less serious misdemeanor charge will likely depend on the facts of your case. In making this determination, the prosecution will consider factors such as the weapon or instrument you are accused of using in committing the offense and the extent of the injuries suffered by the victim.

Felony Penalties:

If you are found to have used a deadly weapon other than a firearm or any means of force that is likely to result in great bodily injury, the sentence may include 2, 3, or 4 years in state prison and/or a maximum fine of $10,000. See California Penal Code Section 245(a)(1).

The penalties that apply if you are found to have used a firearm may include imprisonment in state prison for 2, 3, or 4 years in state prison and/or a maximum fine of $10,000. See California Penal Code Section 245(a)(2).

If you are found to have committed an assault upon another using a machine-gun, assault weapon, or a .50 BMG rifle, the prison sentence can be 4, 8, or 12 years in state prison in addition to the other felony penalties. See California Penal Code Section 245 (a)(3). However, if the victim was a peace officer or a firefighter engaged in the performance of their duties, the sentence can result in 6, 9, or 12 years in state prison. See California Penal Code Section 245(c).

If you are found to have committed an assault upon another using a semiautomatic firearm, you may be sentenced to 3, 6, or 9 years in state prison (in addition to the other felony penalties). See California Penal Code Section 245(b). However, if the victim was a peace officer or firefighter engaged in the performance of their duties, the sentence may be 5, 7, or 9 years in state prison. See California Penal Code Section 245(d)(2).

Any felony conviction under Penal Code Section 245 may also result in a “strike” for the purposes of California’s “Three-Strikes” law. (See “Three-Strikes Law” for more information).

Misdemeanor Penalties:

If you are found to have used a deadly weapon other than a firearm or any means of force that is likely to result in great bodily injury, the sentence may include up to 1 year in county jail and/or a maximum fine of $10,000. See California Penal Code Section 245(a)(1).

If you are found to have used a firearm, the same misdemeanor penalties apply, but will also include a 6-month minimum sentence in county jail. See California Penal Code Section 245(a)(2).

Confiscation of Firearm:

If you are convicted of aggravated assault that involves the use of any deadly weapon or firearm, and you own the deadly weapon or firearm, the court will order that it be deemed a nuisance. As a nuisance, the weapon or firearm will be confiscated and either destroyed or sold in a public auction pursuant to California Penal Code Section 12028.

Whether it is charged as a felony or misdemeanor, a conviction for assault with a deadly weapon brings with it potentially serious penalties. If you find yourself facing such a charge, do not hesitate to contact a criminal assault attorney who will work to preserve your rights. At Wallin & Klarich, our attorneys have over 30 years of experience in helping clients defend against accusations of assault. Call us today at 1-888-280-6839. We will be there when you call.