35+ Years Criminal Defense Experience in California


Assault and Battery with a Deadly Weapon Prosecution – California Penal Code 245

At Wallin & Klarich, we have over 30 years of experience in successfully representing Orange County residents facing prosecution for assault and battery with a deadly weapon. Drawing from extensive experience, our talented defense lawyers will thoroughly review your case and develop an effective defense strategy specifically tailored to your needs. Our goal is to provide you with the best legal representation possible. To help you become more familiar with assault with a deadly weapon prosecution, we want to share what the prosecution needs to prove in order to convict you of this offense.

The team of professional criminal defense attorneys at Wallin & Klarich explain what the prosecution will have to prove in order to find you guilty of assault and battery with a deadly weapon charges pursuant to California Penal Code Section 245 PC.
Assault and Battery with a deadly weapon.

CA Penal Code 245: Assault and battery with a deadly weapon

CA Penal Code section 245 describes what the prosecution needs to prove in order to find you guilty of assault and battery with a deadly weapon:

  1. You created a fear or expectation in another that you were going to use force likely to produce great bodily injury or death AND
  2. You had the present ability to use force likely to produce great bodily injury or death AND
  3. You used a deadly weapon likely to produce great bodily injury or death

The prosecution must prove all three of these elements to find you guilty of assault with a deadly weapon. Contact us at Wallin & Klarich to determine whether or not the prosecution has enough evidence to bring an assault with a deadly weapon case against you.

“Willful act” required

An assault and battery with a deadly weapon charge also requires a willful act in order to convict. An act is “willful” if it is done on purpose rather than by accident or mistake. You do not have to specifically intend to break the law or injure someone so long as you intended to commit the act giving rise to the assault charge.

“Force” defined in the context of assault and battery with a deadly weapon

The ability to use of force does not necessarily mean the ability to cause extreme physical pain or injury. It simply means that you had the opportunity to touch another in a harmful or offensive manner. You do not even need to touch the person in order to be convicted of assault and battery with a deadly weapon. All that matters is that you had the ability to use force, and based upon your actions, it was reasonable for the alleged victim to believe that you were going use such force against them.

For example: You and your friend are having a heated verbal argument in the kitchen. You grab a knife from the counter, point it at him, and say that if he doesn’t take back what he just said you are going to make him sorry. You are joking, but he doesn’t know that. Although you never specifically threatened to use the knife on your friend, the fact that you had the apparent ability to do so and the fact that he reasonably believed you would use the knife to harm him could give rise to an assault with a deadly weapon charge.

Contact Wallin and Klarich for charges of assault and battery with a deadly weapon

Having to suffer through the stress of an assault with a deadly weapon prosecution can be a scary and life changing event. You need a criminal defense attorney in Orange County who is willing to put your interests ahead of all others. Wallin & Klarich has successfully represented clients facing assault and battery charges in Orange County, Los Angeles , San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville for over 30 years. We have the knowledge and the know-how to win your case. Speak with one of our highly regarded assault and battery defense attorneys today at (877) 4-NO-JAIL. We will be there when you call.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials


    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
Get In Touch
Contact Info
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar


Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2021 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.