Facing PC 245 Charges? Here’s What You Need to Know
Being accused of a crime under California Penal Code 245 is a serious matter that can feel overwhelming. Commonly referred to as “assault with a deadly weapon” or “ADW,” PC 245 is one of California’s most serious criminal offenses. The potential for severe penalties, including a possible prison or jail sentence makes these accusations especially daunting.
If you’re facing PC 245 charges, this guide will help you understand what it means, your rights as an accused individual and the steps you need to take to protect your freedom.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
What Is California Penal Code 245?
California Penal Code 245 defines assault with a deadly weapon, with or without the intent to cause great bodily injury. It applies to actions where a person:
- Attacks or attempts to attack another person
- Uses a deadly weapon or force likely to cause great bodily harm.
PC 245 charges can apply to various situations, from street fights to interactions involving everyday objects used as weapons. Not all cases involve firearms—items like knives, bottles, or even vehicles can classify as deadly weapons. A person can be convicted of the crime of Penal Code Section 245 even if their actions did not result in injury to the alleged victim. It is sufficient to be convicted of this crime if it can be proven that the accused used the threat of force alone.
Penal Code 245 charges may carry consequences ranging from substantial fines to felony convictions with lengthy prison terms due to California’s stringent guidelines on violent crimes. Understanding the nuances of this law is critical for anyone facing such accusations.
What Qualifies as a “Deadly Weapon”? Understanding the Critical Elements of PC 245
For a criminal charge under PC 245 to result in a criminal conviction specific elements must be proven:
1. Use of a Deadly Weapon (or Force Likely to Cause Harm)
The “deadly weapon” in question can be traditional (like a firearm) or unconventional (like a baseball bat). Courts don’t limit the definition of a deadly weapon to sharpened or explosive objects; even household items can be labeled as such depending on their use.
For example:
- A glass beer bottle in a bar fight could count.
- A car used to strike someone intentionally could also classify as a deadly weapon.
2. Assault Must Be Willful
Showing that an action was intentional is key. Prosecutors must prove that the accused willfully attempted to commit assault knowingly and deliberately.
3. No Requirement for Injury
Interestingly, an assault case under PC 245 doesn’t always require physical harm. Simply engaging in an act that “could” cause harm or instill fear is sufficient.
Understanding these criteria is essential for navigating your defense effectively with the help of knowledgeable legal counsel. You need to retain Wallin and Klarich so we can carefully analyze these elements for weaknesses or inconsistencies in the prosecution’s case.
Strategies and Defenses Against PC 245 Charges
Facing PC 245 charges isn’t the end of the road. Effective legal counsel can explore multiple defenses to fight the allegations. Some of the successful defenses we have employed to help our clients have included:
- Self-Defense or Defense of Others: Your criminal defense lawyer could argue that your actions were necessary to protect yourself or another person from harm.
- False Allegation: Misunderstandings or malicious accusations sometimes lead to false PC 245 claims. Uncovering inconsistencies in witnesses’ testimonies can shift the case in your favor.
- Lack of Intent: Proving that your actions weren’t willful or deliberate can weaken the prosecution’s argument.
- Insufficient Evidence: Your defense attorney may challenge the evidence as inadequate or unreliable—especially when there’s no injury or clear indication of malicious intent.
What to Do If You’re Accused of a PC 245 Crime
Facing PC 245 charges can feel isolating, but there are steps you can take to protect yourself:
- Contact the Highly Skilled Criminal Defense Team at Wallin and Klarich Immediately: Early legal intervention is beyond crucial. Our criminal defense attorneys will guide you throughout the process.
- Document Everything: Keep records of evidence like text messages, eyewitness accounts, or video footage that could help with your defense.
- Stay Silent Until Counsel Arrives: Anything you say to authorities can be used against you. Invoke your right to remain silent and speak with an attorney before speaking to anyone else.
Remember, everyone has rights—even when facing severe allegations like PC 245.
Contact Wallin & Klarich Today
If you are facing assault with deadly weapon charges, you need to contact our aggressive attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients accused of PC 245 crimes avoid criminal convictions and kept them free from serving prison or jail sentences. We know the most effective strategies to argue for you, guide you through the legal process, and do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
