Assault with a Deadly Weapon in California

You may be charged with assault or assault with a deadly weapon under California Penal Code section 245 if you commit assault using a deadly weapon. You can also be charged with this crime for an assault committed without a weapon if you used force that was likely to cause “great bodily injury” to someone else.

You can be convicted of this offense even if no one is injured. You can also end up with a “strike” under California’s “three strikes law.” This is why it is important to contact a qualified Los Angeles criminal defense attorney who understands how to defend you against an assault with a deadly weapon charge. Contact The Law Offices of Jerod Gunsberg at (310) 210-0744 for a free consultation about your case.

“Great bodily injury” means “significant or substantial injury.” It is as an injury that causes more than minor or moderate harm. However, this definition is subjective, and a jury may decide that force was likely to cause great bodily injury even if it did not seem that serious to you.

Punishments
There are a wide range of possible punishments for California assault crimes ranging from a misdemeanor conviction punishable by up to one year in jail up to a felony conviction that can be used against you as a strike in the future and is punishable by up to 12 years, depending what type of weapon was used. It is important that you consult with a criminal defense attorney who can help you to obtain the best possible outcome.

An assault with a deadly weapon, for instance, can be charged as a misdemeanor or a felony, even if the weapon was a firearm. In some cases, we may be able to get your charge reduced to a misdemeanor, which means that the conviction cannot be used against you as a strike in the future, and you can be incarcerated for one year at the most.

Weapons
Specific code sections and punishments apply, depending on the type of weapon that was used in the assault. For instance:

• A deadly weapon other than a firearm:Any item that can be used as a weapon can qualify under this category. For instance, a screwdriver that is used in an assault can qualify as a weapon even though it can also be used for innocent purposes. This type of charge can be punished as a misdemeanor by a maximum of one year in jail and/or a fine of up to $10,000. It can also be a felony and can be punished by 2, 3 or 4 years in prison.

• A firearm: An assault involving a gun can also be charged as either a misdemeanor or a felony, as long as the gun was not a semiautomatic, machine gun, or assault rifle. As a misdemeanor, the minimum jail time is 6 months, and the maximum is 1 year, plus you can also be fined up to $10,000. As a felony, you can be sentenced to 2, 3, or 4 years in prison.

• A semiautomatic firearm:  If a semiautomatic weapon is used, the sentencing range increases to 3, 6, or 9 years.

• A machine gun or assault rifle results in a sentencing range of 4, 8, or 12 years.

If you are charged with using a firearm of any kind in the commission of the offense, it is important to talk to an attorney right away. Other sentencing enhancements may be used against you to increase the time that you could serve in prison for the offense.

No Weapon Required
Remember that you can be convicted of violating this code section even if no weapon was used. The prosecution just has to prove that the force that was used was strong enough to cause great bodily injury.

If the victim is a police office or a firefighter, you could face a longer sentence. However, this only applies if the person was lawfully doing their job at the time of the assault.

Defenses
Self Defense: If you were defending yourself, this is a defense and the prosecutor would have to prove that you were not defending yourself, or that you used more force than was necessary to defend yourself. Your attorney can help you determine if this defense applies to your situation.

Present Ability to Inflict Injury: The prosecution must prove that you had the present ability to inflict injury at the time of the offense. If a gun was not loaded, this could be a defense because you did not have the present ability to shoot someone at the time of the offense.

If you or a loved one have been convicted of assault with a deadly weapon in Los Angeles or anywhere in California contact a qualified criminal defense attorney.  Los Angeles criminal defense lawyer, Jerod Gunsberg can help you with your case.  Call (310) 210-0744 for a free consultation.