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Assault With a Deadly Weapon Sentence & Punishment

Assault with a Deadly Weapon Sentence and Punishment Under California PC 245(a)(1)

In California, assault with a deadly weapon could result in harsh criminal penalties and destroy your personal life. Due to the severity of the assault with a deadly weapon sentence and punishment under Penal Code 245, it is vital that you contact an attorney who is dedicated to giving you the best representation possible. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina. Wallin & Klarich has been successfully defending California residents facing assault with a deadly weapon sentences for over 30 years. We think it is important that we share with you some of the criminal consequences you could face if convicted of this crime.

Determining an Assault with a Deadly Weapon Sentence in California

Assault with a deadly weapon sentence
Assault with a deadly weapon sentence

The assault with a deadly weapon sentence and punishment depend on whether the offense is charged as a misdemeanor or felony. Assault with a deadly weapon is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts of your case. In making this determination, the prosecution will consider various factors such as the type of weapon you used to commit the offense, the extent of the victim’s injuries if any, and the manner in which the assault was conducted. Whether the offense is charged as a felony or misdemeanor will determine the sentencing and punishment following a conviction.

PC 245 (a)(1) Felony Penalties:
How Much Jail Time for Felony Assault with a Deadly Weapon?

If you are convicted of felony you could be facing an assault with a deadly weapon sentence of up to 4 years in county jail and required to pay a fine of $10,000.

There are also several factors that can increase the criminal penalties beyond this range. They include:

  • Use of a semiautomatic weapon: If you are convicted of assault using a semiautomatic firearm such as a handgun or rifle, you can be sentenced up to 9 years in prison.
  • Use of an automatic weapon: If you are convicted of an assault using an automatic weapon such as a machine-gun, assault weapon, or a .50 BMG rifle, you can be sentenced up to 12 years in prison.
  • Alleged victim was a police officer or firefighter: If the alleged victim was a police officer or firefighter and working in that capacity at the time the assault occurred, you can face up to 12 years in prison depending upon the type of weapon used in the assault.
  • Felony Strike: Any felony conviction under Penal Code Section 245 may also result in a “strike” for the purposes of California’s “Three-Strikes” law. Three strikes on your criminal record means that you could be sentenced to life in prison without parole.

 

PC 245 (a)(1) Misdemeanor Penalties:
How Much Jail Time for Misdemeanor Assault with a Deadly Weapon?

If you are found guilty of misdemeanor assault with a deadly weapon using a deadly weapon other than a firearm, you  can be sentenced up to a year in jail and required to pay a fine of up to $10,000.

If you are found guilty of felony assault with a deadly weapon using a firearm, the same misdemeanor penalties apply but will include a 6 month minimum jail sentence.

Your Firearm or Handgun will be Confiscated if Convicted of Assault with a Deadly Weapon in California

If you are convicted of assault with a deadly weapon and you are found to be the owner of the weapon used during the offense, the court will issue an order that the weapon be deemed a nuisance. This means that the weapon will be confiscated and likely sold at a public auction or even destroyed.

Court options at the time of sentencing:
How Does the Court Determine Jail Time for Assault with a Deadly Weapon?

If you are convicted of this crime, the court has discretion in determining your assault with a deadly weapon sentence and punishment in accordance with CA penal code section 245 guidelines. The court has the following options at time of sentencing:

  • The court can sentence you to one of three terms provided by law
    • Misdemeanor assault with a deadly weapon: up to one year in county jail
    • Felony assault with a deadly weapon: 2,3, or 4 years in county jail
    • Felony assault with a deadly weapon (automatic weapon): 4,8, or 12 years in state prison
    • Place you on probation for a period of 3 to 5 years and impose a sentence of up to one year in county jail
    •  Place you on probation with no jail time, but have you do community service or a work release program
    • Place you on formal probation and assign you a probation officer

 

Probation Terms Associated with an Assault with a Deadly Weapon Sentence in California

When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:

  1. Violate no law (other than a traffic infraction)
  2. Visit your probation officer as often as required by your probation terms
  3. Perform community service
  4. Pay restitution to compensate the victim
  5. Ban against owning or possessing a deadly weapon

These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can increase your sentence up to the maximum time allowed by law.

Call us to learn more about an assault with a deadly weapon sentence and punishment

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, contact a California criminal defense attorney at Wallin & Klarich to discuss the potential sentencing and punishment you face for an assault with a deadly weapon charge in California. At Wallin & Klarich, our attorneys have over 30 years of experience helping Southern California residents defend against such accusations of assault.

Call us today at (877) 4-NO-JAIL. We will be there when you call.

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California DUI Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a criminal attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California. * Wallin & Klarich Attorney Joshua Visco