What Punishment Will I Receive if Convicted of Assault with a Deadly Weapon? (California Penal Code 245)
In the criminal justice system, the goal of punishment is to provide a consequence for unwanted or illegal behavior. The rationale behind this punishment is to provide a deterrent to people so that they will fear being punished enough to avoid criminal behavior.
In California, a conviction for assault with a deadly weapon charges could result in harsh criminal penalties, including jail time and expensive fines. This severe punishment could affect you for the rest of your life.
Will I Be Charged with Felony Assault with Deadly Weapon?
In California, there are many crimes that are considered “wobbler” offenses, meaning that those crimes can be classified as either a misdemeanor or a felony. Assault with a deadly weapon is one of those wobbler crimes.
There are various factors that would contribute to whether you are charged with a felony or a misdemeanor for assault with a deadly weapon. Those factors could include:
- Your age
- Your past criminal history
- Whether the alleged victim suffered any injuries and how severe those injuries are
- What type of weapon was used
The penalties are much less serious if you are charged with a misdemeanor. It is crucial that you speak to an experienced attorney immediately so that your attorney can help you during this process. Your lawyer could help you prove that you should be facing misdemeanor charges rather than harsher felony charges.
Punishment for Assault with a Deadly Weapon (PC 245)
If you are convicted of a felony for assault with a deadly weapon, under California Penal Code Section 245(a)(1), you could be facing up to four years in county jail and fines of up to $10,000.
If you are found guilty of misdemeanor assault with a deadly weapon using a deadly weapon other than a firearm, you could be sentenced up to one year in jail and required to pay a fine of up to $10,000. You could face an additional six-month minimum jail sentence if the weapon you used to commit misdemeanor assault with a deadly weapon was a firearm.
Call an Attorney if You Have Been Charged with Assault with a Deadly Weapon
If you are facing charges of assault with a deadly weapon, you will be facing severe punishment. That is why it is extremely important that you speak to an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending our clients facing criminal charges for over 40 years. Our attorneys have the knowledge necessary to help you face assault with deadly weapon charges.
We have offices located in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. Our attorneys are available to help you with your case no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
