What is the Assault with a Firearm Law in California?
Assault with a firearm charges are governed by California Penal Code Section 245(a)(2). This represents another form of assault offense that the prosecutor may file if you are alleged to have used a firearm during the commission of an assault.
It's quite similar to assault with a deadly weapon under California Penal Code Section 245(a)(1). Still, the key difference is that the alleged assault involved a "deadly weapon" other than a firearm, and it was carried out with such force that it likely caused significant bodily injury.
A conviction might lead to severe legal penalties, making it challenging to find employment and reducing other opportunities for years. If you have a previous felony conviction, you may also face the risk of a 'strike" on your record under California's Three Strikes Law.
If you have been charged with violating California Penal Code Section 245(a)(2) or any other violent crime, contact our California criminal defense attorneys to review your case details.
What is the Meaning of "Assault"?
To understand this criminal offense, it is first important to know precisely what "assault" entails. Under California law, "assault" is defined as unlawfully trying to cause injury to another person when you are capable of doing so.
A person doesn't need to be physically injured to face assault with a firearm charges. Simply pointing a loaded gun at someone can be enough to justify charges under PC 245(a)(2).
What Does PC 245(a)(2) Say?
Under California Penal Code Section 245(a)(2) (link), assault with a firearm says, "Anyone who commits an assault on another person with a firearm shall be punished by imprisonment in a California state prison for 2, 3, or 4 years, or in county jail for no less than 6 months, but not more than 1 year, or by both a fine up to $10,000 and imprisonment."
As mentioned earlier, an "assault" refers to an unlawful attempt, with the capability, to inflict violence on another person. A "firearm" is defined in California Penal Code Section 12001.
A firearm is any device intended for use as a weapon that can fire a projectile through a barrel.
This includes handguns, shotguns, revolvers, rifles, and any other types of guns. As the definition indicates, the key distinction between charges of assault with a firearm and simple assault lies in the use of a "firearm."
What Must Be Proven to Convict?
For a conviction, prosecutors must prove every element of the crime beyond a reasonable doubt, including the following:
- You brandished a firearm in a way that could reasonably lead to applying force on someone else.
- Your action was deliberate and intentional.
- When you acted, you knew that a reasonable person would believe your action could directly and likely lead to the use of force against that individual.
- At the moment you acted, you were capable of using force with the firearm.
The term "application of force" refers to any harmful or offensive contact. As mentioned earlier, PC 245(a)(2) does not stipulate that the contact must result in physical injury.
Usually, the firearm needs to be loaded to substantiate charges of assault with a firearm. If the prosecutor fails to prove all the elements of the crime, you should not be convicted of assault with a firearm under California Penal Code Section 245(a)(2).
What Are the Related Offenses?
- Penal Code Section 240 - Simple Assault
- Penal Code Section 245(a)(1) - Assault with a Deadly Weapon
- Penal Code Section 417 - Brandishing a Weapon
- Penal Code Section 664/187 - Attempted Murder
- Penal Code Section 217.1 - Assault on a Public Official
What Are the Possible Penalties?
Assault with a firearm under Penal Code Section 245(a)(2) is a "wobbler," allowing prosecutors to choose whether to charge it as a misdemeanor or a felony. The severity of the charge and penalties will depend on the type of firearm involved and your criminal record, such as:
- If it were an ordinary firearm, you would most likely face misdemeanor charges. A conviction could result in 6 months to a year in county jail, a fine of up to $1,000, or both.
- In a felony case of assault with a firearm, the penalties include up to 4 years in a California state prison, a fine of up to $10,000, or both.
Use of assault weapons, like semiautomatic firearms, machine guns, or 50 BMG rifles, results in harsher legal penalties. In cases involving these weapons, the offense is automatically classified as a felony. Convictions lead to longer sentences in California state prisons.
If the victim was a law enforcement officer or firefighter performing their duties, your firearm assault case will always be classified as a felony.
Additionally, California's firearms sentencing enhancement under Penal Code Section 12022.5 applies to assault with a firearm charges under Penal Code Section 245(a)(2).
What Are the Legal Defenses?
There is a wide range of legal defense strategies our criminal lawyers can utilize on your behalf against charges of assault with a firearm. These include:
- The act was not willful: As stated earlier in the elements of the crimes, an assault with a firearm conviction requires a deliberate act against another person. In some cases, our lawyers might be able to demonstrate that you did not act intentionally, which could help you avoid a conviction. For instance, you may have been careless, and it was not a conscious, aggressive act with a firearm.
- Self-defense: In some situations, our attorneys may demonstrate that you were acting in self-defense or in defense of others. Under California law, you are allowed to protect yourself if you reasonably believe you or someone else is faced with imminent bodily harm and that the use of force is necessary to prevent it, using no more force than is required.
- False accusation: It's important to reiterate that charges of assault with a firearm do not require the victim to be injured. As a result, false accusations motivated by jealousy, revenge, or anger are not uncommon. Our lawyers may be able to demonstrate that you were falsely accused and wrongfully arrested.
If you are charged with assault using a firearm, violating California Penal Code Section 245(a)(2), contact the criminal defense attorneys at the Hedding Law Firm. We will carefully analyze your case to identify possible legal strategies.
