WHAT KIND OF PUNISHMENT AM I FACING FOR FELONY ASSAULT UNDER PENAL CODE 245(A)(1) IN CALIFORNIA?

The answer to this question really depends on the exact charge under section 245(a)(1). This crime can be a serious felony, or a “strike” if the victim actually suffered great bodily injury or if it was committed with the use of a dangerous or deadly weapon. It can also be a regular, non-strike felony if there was no weapon used but was committed with “force likely to cause great bodily injury.” If charged as a strike the defendant would be eligible for up to 3 years in State Prison and if a non-strike they would be looking at up to 3 years in “County Prison”. This crime is also a wobbler under California law which means that it can be reduced form a felony to a misdemeanor. You should discuss your case with a knowledgeable criminal defense attorney to give you a better indication of what types of defenses you may have or punishment you may be looking at.