Assault With a Deadly Weapon Overview: California Penal Code Section 245

Wallin & Klarich has been representing clients who have found themselves accused of assault, battery and assault with a deadly weapon charges cases throughout Southern California for almost thirty years. We know how to win these cases.

Under California Penal Code Section 245, an assault with a deadly weapon, otherwise known as an aggravated assault, is committed with the use of an object that is likely to cause death or great bodily injury to another. This crime is more serious than simple assault, which California Penal Code Section 240 describes as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. It is this use of a deadly weapon or force that distinguishes aggravated assault.

To be convicted of assault with a deadly weapon in California, the prosecution must prove beyond a reasonable doubt that you assaulted another person and that you did so using a deadly weapon or other means of force that is likely to result in death or great bodily injury.

A deadly weapon is any object (not part of your body) that is capable of being used to inflict serious damage to a human body. Other than the typical guns and knives, deadly weapons include ordinary objects like bottles, pens, rocks, or even your car.

If the prosecution is successful in proving the elements of this offense, you can be sentenced to serve a maximum term of 9 years in state prison and/or a fine of $10,000. While the more serious penalties are incurred if the crime is charged as a felony, if your case is filed as a misdemeanor, the penalty may be up to 1 year in county jail and/or a fine of $1,000.

If you are charged with aggravated assault, you may have certain defenses available to you. An experienced criminal defense attorney can argue that you were simply acting in self-defense; that the victim consented to the assault; or that you are factually innocent and the accusations are false or inaccurate. If these defenses are effectively argued, the charge against you may be reduced to a lesser crime or dismissed altogether.

At Wallin & Klarich, our assault attorneys have over 30 years of experience successfully representing clients who were charged with assault with a deadly weapon. Drawing from their extensive years of experience, we will meticulously review your assault charge and develop a defense strategy to help you achieve the best possible results. Call us today at 1-888-280-6839. We will be there when you call.