Tustin Assault with a Deadly Weapon Defense Attorney   

What Is Assault with a Deadly Weapon? 

assault deadly weapon knifeUnder California Penal Code Section 245(a)(1), it is illegal to commit an assault upon another person with a deadly weapon. A deadly weapon is defined as an object with the potential to cause serious injury or death. While this includes obvious objects like knives and baseball hats, it can also include everyday items such as rocks, pencils, and high heels. With enough force, these seemingly innocent objects can become deadly. 

Assault is different from battery in that battery requires for there to be actual contact, while assault only requires an attempt. You can be charged with aggravated assault even if you never touch or injure the alleged victim. In order to convict you under PC Section 245, the prosecution must prove the following elements: 

  1. You committed an act that would result in the application of force on another person. 
  2. You acted willfully or purposefully. 
  3. You had the ability to apply force. 
  4. You used a deadly weapon or force that would likely produce great bodily injury or death. 
  5. You were not acting in self-defense. 

The different types of aggravated assault crimes under PC Section 245 include: 

  • Assault with a deadly weapon (PC Section 245(a)(1)) 
  • Assault with a firearm (PC Section 245(a)(2)) 
  • Assault with an assault weapon (PC Section 245(a)(3)) 
  • Assault with force likely to cause great bodily injury (PC Section 245(a)(4)) 
  • Assault with a semi-automatic firearm (PC Section 245(b)) 

Assault with a Deadly Weapon Penalties 

Assault with a deadly weapon can be prosecuted as either a misdemeanor or a felony. This will depend on the following factors: 

  • Past criminal history 
  • Type of deadly weapon involved 
  • Severity of your alleged actions 
  • Severity of alleged victim’s injuries 

If you are convicted of an aggravated assault crime in Tustin, you may face hefty fines and jail time. In order to avoid harsh legal consequences, contact the experienced assault attorneys at Wallin & Klarich to see how we can help your case. The penalties for various aggravated assault crimes in Tustin are listed below. 

Assault with a Deadly Weapon (PC Section 245(a)(1)) 

The penalties for assault with a deadly weapon include: 

  • Up to 1 year in county jail for a misdemeanor conviction 
  • 2, 3, or 4 years in state prison for a felony conviction 
  • Up to $10,000 in fines 
  • A strike under California’s Three Strikes Law 
  • Restitution for the victim’s medical bills and/or other damages 

Assault with a Firearm (PC Section 245(a)(2)) 

The penalties for assault with a firearm include: 

  • Up to 1 year in county jail for a misdemeanor conviction 
  • 2, 3, or 4 years in state prison for a felony conviction 
  • Up to $10,000 in fines 
  • A strike under California’s Three Strikes Law 

Assault with an Assault Weapon (PC Section 245(a)(3)) 

The penalties for assault with an assault weapon include: 

  • 4, 8, or 12 years in state prison 
  • A strike under California’s Three Strikes Law 

Assault with Force Likely to Cause Great Bodily Injury (PC Section 245(a)(4)) 

The penalties for assault with a firearm include: 

  • Up to 1 year in county jail for a misdemeanor conviction 
  • 2, 3, or 4 years in state prison for a felony conviction 
  • Up to $10,000 in fines 
  • A strike under California’s Three Strikes Law 

Assault with a Semi-Automatic Firearm (PC Section 245(b)) 

The penalties for assault with a semi-automatic firearm include: 

  • 3, 6, or 9 years in state prison 
  • A strike under California’s Three Strikes Law 

Personal and Professional Consequences 

An aggravated assault charge can have a negative impact on your personal and professional life in addition to carrying severe legal repercussions. If you are convicted of assault, your criminal history will follow you for the rest of your life. If you receive a jail sentence, you can lose your job, and potential employers may reject you if they believe you to be violent or dangerous. This can make it even harder to pay the necessary fines and provide for your loved ones. With so much at stake, it’s important to secure an excellent defense attorney who has experience defending against assault charges. To clear your name and prevent these charges from ruining your future, consult with our experts at Wallin & Klarich soon after your arrest. 

Defenses for Assault with a Deadly Weapon 

If you are accused of a serious crime like aggravated assault in Tustin, you may feel lost. Having a skilled defense attorney on your side can help you get back on your feet and have a second chance at life. For over 40 years, our attorneys at Wallin & Klarich have successfully defended many clients in even the most complex assault cases. Some of the effective defenses that we have employed include the following. 


Self-defense is one of the most common defenses for aggravated assault. In order to successfully prove self-defense, your attorney must show that you were protecting yourself or others from harm with reasonable and proportional force. In utilizing this defense, you are effectively acknowledging that you assaulted someone in violation of the law but that the assault was justified in light of the situation. By arguing that your only available option was to defend yourself with a deadly weapon, you are placing the burden on the prosecution to prove that you were not defending yourself beyond a reasonable doubt. 

Lack of Intent 

In order to be guilty of assault, you must have acted willfully or purposefully. If you lacked the element of intent, the prosecution cannot convict you. For example, if you accidentally pointed a knife at the alleged victim, this does not constitute assault because it was unintentional. Your attorney can argue that you had no reason to believe that pointing a knife would harm the other party and that the incident was a complete accident. 

Non-Lethal Weapon 

PC Section 245 only applies to weapons that are deadly or can cause serious injury if used in a certain way. In some situations, our attorneys may be able to argue that the item you used did not meet the requirements of a deadly weapon under this statute. For example, if you threw a basketball at someone and injured them, we can argue that the basketball was not a dangerous weapon. 

False Accusations 

False accusations happen more than you may think. In some cases, these faulty accusations may be fueled by personal vendettas against the defendant. For example, a child custody battle or jealousy at work may bring out the worst in people. In other cases, these false allegations may simply be the result of mistaken identity. If that’s the case, our attorneys will delve into the details of the case to find evidence that you could not have been the perpetrator. We may be able to present witnesses or show that you were not in the area where the crime occurred in order to prove your innocence. If you are falsely accused, we have the skills to effectively present this defense in court. 

Hiring a Tustin Defense Attorney | How We Can Help You 

When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms: 

  1. Experience 
  2. Communication 
  3. Success 
  4. Credibility 

40+ Years of Experience Defending Assault Charges 

With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.

24/7 Communication with Your Attorney 

We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us. 

Track Record of Success 

Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of aggravated assault charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom. 

Reputation and Credibility 

It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well. 


Discover how our skilled negotiators can help you fight an aggravated assault charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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