Aggravated Assault with Deadly Weapon - California Penal Code 245

Posted by Raoul Severo | Jun 16, 2020 | 0 Comments

Under California Penal Code 245,  aggravated assault with Deadly Weapon Crime is described as an act committed by a person upon another person that by any means of force likely to produce great physical injury with a deadly weapon or instrument such as a firearm, machine gun or a semiautomatic weapon. Additional battery crimes can be also charged depending on the case, as well as other sections under the California Penal Code 245, listed as follows:

  • California Penal Code 245.2: ADW Transit Employee
  • California Penal Code 245.3: ADW Custodial Officer
  • California Penal Code 245.5: ADW School Employee

Examples of this crime may include pointing a gun at someone to threat him, threatening to cause physical injury with any object or any firearm, pulling a knife out in a fight to another person, etc.

Punishments for Aggravated Assault with Deadly Weapon in California

The penalties for this crime vary depending on several factors and circumstances of the case. The main punishments are:

  • Assault by any way of force likely to cause great bodily injury or with a lethal weapon or tool, including a firearm shall be punished by imprisonment in the state prison up to 4 years, or in a county jail up to one year, or/and by a fine up to $10,000.
  • Assault with a machine gun, assault weapon or a .50 BMG rifle shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
  • Assault with a semiautomatic firearm shall be punished by imprisonment in the state prison for 3, 6, or 9 years.

California Federal Criminal Defense Attorney

Being charged or convicted for aggravated assault with Deadly Weapon in California, whether as a misdemeanor or felony offense, the accused may face a permanent criminal record and a criminal history. Therefore it is crucial for the sake of your interests that you reach the guidance of an experienced criminal defense attorney in California.  With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.

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