Facing PC 245 Charges? Understanding Assault with a Deadly Weapon in California
Being charged with assault with a deadly weapon under California Penal Code 245(a)(1) can be a frightening experience. This serious felony charge carries significant consequences that could impact your future, including lengthy prison sentences and substantial fines. Understanding the nature of these charges and your legal options is crucial when facing these charges.
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 Constitutes Assault with a Deadly Weapon in California?
Under PC 245(a)(1), assault with a deadly weapon occurs when someone commits an assault using either a deadly weapon or instrument or uses force likely to produce great bodily injury. It’s important to understand that actual physical contact or injury isn’t required for this charge – the prosecution only needs to prove that you had the ability to inflict injury and took action that would likely result in the application of force.
A “deadly weapon” can be virtually any object used in a way that could cause death or serious injury. This includes obvious weapons like knives and clubs, but also everyday items like vehicles, bottles, or even pencils if used in a threatening manner. The key factor is how the object was used rather than its inherent nature.
Penalties and Consequences
The consequences of a PC 245 conviction can be severe:
As a “wobbler” offense, prosecutors can charge it as either a misdemeanor or felony, depending on the circumstances and your criminal history. A felony conviction can result in:
- Two to four years in state prison
- Fines up to $10,000
- A strike under California’s Three Strikes Law
- Loss of firearm rights
- Immigration consequences for non-citizens
Even a misdemeanor conviction carries potential consequences of:
- Up to one year in county jail
- Fines up to $1,000
- Mandatory anger management classes
- A criminal record that can affect employment and housing opportunities
Common Defense Strategies
Several legal defenses may be available, depending on the specific circumstances of your case:
Self-defense or defense of others is often a viable strategy if you reasonably believe you or someone else was in immediate danger of bodily harm. Your actions must have been proportional to the perceived threat.
Lack of intent can be another effective defense. The prosecution must prove you acted willfully and with the knowledge that your actions would likely result in the application of force. If your actions were accidental or unintentional, this could provide grounds for defense.
False accusations sometimes arise from misunderstandings or personal disputes. Your defense team can work to expose inconsistencies in witness testimony or present evidence supporting your version of events.
Contact Wallin & Klarich Today
If you are facing assault with a deadly weapon charges, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will 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, 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.
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