Assault with a Deadly Weapon - Penal Code 245(a)(1) PC
California Penal Code 245(a)(1) PC assault with a deadly weapon is defined as attacking or attempting to attack another person with a weapon capable of causing death or great bodily injury. Prosecutors can file this crime as a misdemeanor or a felony, carrying a maximum sentence of up to 4 years in jail or prison.
Assault with a deadly weapon is often called “ADW” or aggravated assault.
Assault with a deadly weapon is usually charged when there is an unlawful attempt to injure another individual by using a lethal weapon.
A “deadly weapon” is anything that could be used as a weapon that can cause serious injuries, such as knives, bats, bricks, razor blades, and others.
Penal Code 245(a)(1) defines ADW as “Any person who commits an assault on another person with a deadly weapon or instrument, other than a firearm, will be punished by imprisonment in a state prison for two, three, or four years, or a county jail for up to one year, or by a fine up to ($10,000), or both.”
Subsection (a)(1) of Section 245 says that anyone committing an assault with a deadly weapon or instrument other than a firearm is guilty of a wobbler crime. If the PC 245(a)(1) case is initially charged as a felony, it can still be reduced to a misdemeanor using the following:
- By plea negotiations with the prosecutor, or
- A Penal Code 17b PC motion to reduce in court.
If convicted of ADW as a misdemeanor, the penalties are up to one year in the county jail and a fine of up to $1,000. If convicted of assault with a deadly weapon as a felony, the penalties are two, three, or four years in a California state prison and a fine of up to $10,000.
ADW is a straight felony crime if the victim is a police officer or firefighter and is punishable by up to five years in prison. If an actual firearm was used, it's punishable by up to 12 years in prison. If charged with this crime, you will need an experienced criminal defense lawyer in Los Angeles to defend such a charge.
Misdemeanor vs. Felony Charge
AWD is a wobbler offense, a legal term that means the offense may be charged as a misdemeanor or a felony, depending on the circumstances. This decision is based on the type of weapon/instrument used, whether the person assaulted sustained an injury and the status of the victim.
Understanding the potential severity of the charge and the critical need for legal representation in such cases is paramount.
Considering these factors, a conviction for AWD could lead to a significant prison term, ranging from 24 to 144 months.
Penal Code 245(a)(4) PC is another closely related statute prosecutors use to charge someone with aggravated assault.
Under subsection (a)(4), the prosecutor must prove that you used sufficient force on the victim that was likely to produce significant bodily injury (GBI), which is described as a significant injury.
While this subsection (a)(4) falls under PC 245 assault with a deadly weapon statute, the prosecutor is not required to prove the defendant was armed with a weapon.
Common defenses to AWD are self-defense, defenses of others, consent, lack of intent, insufficient evidence, constitutional violations by police officers, and inability to carry out the assault, such as threatening to shoot with an unloaded gun. We understand how to defend each of these charges.
What are the Related Crimes?
- Penal Code 217.1 PC – assault on a public officer,
- Penal Code 240 PC – simple assault,
- Penal Code 242 PC – battery,
- Penal Code 243(b) and (c) – assault on a police officer,
- Penal Code 244 PC - assault with caustic chemicals,
- Penal Code 417 PC – brandishing a weapon,
- Penal Code 664/187 PC – attempted murder.
How to Get the Best Result in an ADW Case?
California Penal Code 245(a)(1) PC assault with a deadly weapon (ADW) cases are not to be taken lightly. They are considered strikes and violent felonies, and a conviction will result in prison time and a strike on your record. This underscores the seriousness of the charge and the need for immediate and strategic legal action.
If you stay in California, under the three-strikes law, you'll always have that strike. You can't get it knocked off of your criminal record.
Given the implications of these charges, it's crucial to handle them with care. The first step is to secure the best criminal defense attorney available. With over 30 years of experience, I've worked for the district attorney's office as a superior court judge and have been defending individuals like you since the early 1990s.
When you come into the office, we'll meticulously review all the facts and details of your assault with a deadly weapon case. This thorough review will help us develop the best possible defense strategy, ensuring you have the most robust defense possible.
Whether it's a case we'll take to trial or one we need to negotiate, we'll prepare an intense investigation and develop a robust defense strategy. We'll also conduct the preliminary hearing and attempt to weaken the prosecutor's case before proceeding to trial.
Mitigation Package
If, on the other hand, it's the type of case that we need to negotiate because they do have evidence against you, we'll try to get a charge other than assault with a deadly weapon so we can avoid the strike and the usual prison term that comes along with it. In mitigating the case, we will do the following:
- we're going to want to get character letters,
- show that you have a job, and
- try to convince the prosecutor that there's another side to the story and
- There was a one-sided investigation by the police, giving them another angle on what was happening.
We generally do these things when defending our clients in an assault with a deadly weapon case.
Experienced Defense Matters
Of course, the most important thing is that I talk to you and get your perspective, and then you and I come to a meeting of the minds on exactly how we will defend the case:
- What we're going to do?
- What information do I need to ensure you get the best result?
That's why I would like you to please tell me what happened. Give me all the facts and details so I can best represent you. I will also be prepared when the prosecutors make their arguments to the judge and when I speak to the supervisor about what we can do to resolve the case.
So, if you need the best or a loved one is charged with assault with a deadly weapon, pick up the phone now. Ask for a meeting with Ron Hedding. I stand ready to help you.
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