California
Penal Code – PC § 245
PC § 245. Assault with deadly weapon or by force likely to produce great bodily injury
(a)
(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a 50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
(4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
(d)
(1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a 50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.
(f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
History
Enacted 1872. Amended Code Amdts 1873–74 ch 614 § 22; Stats 1921 ch 89 § 1; Stats 1933 ch 847 § 1; Stats 1961 ch 802 § 1; Stats 1965 ch 1271 § 3, ch 1985 § 2; Stats 1st Ex Sess 1966 ch 21 § 4, effective April 18, 1966; Stats 1968 ch 1222 § 57; Stats 1970 ch 796 § 1; Stats 1972 ch 618 § 114; Stats 1976 ch 420 § 3, ch 1126 § 7, ch 1138 § 5, ch 1139 § 152.5, operative July 1, 1977; Stats 1980 ch 1340 § 3.2, effective September 30, 1980; Stats 1982 ch 136 § 1, effective March 26, 1982, operative April 25, 1982, ch 142 § 1.2; Stats 1983 ch 1092 § 253, effective September 27, 1983, operative January 1, 1984; Stats 1989 ch 18 § 1, ch 1167 § 1; Stats 1993 ch 369 § 1 (AB 1344); Stats 1999 ch 129 § 1 (SB 23); Stats 2004 ch 494 § 1 (AB 50); Stats 2010 ch 178 § 53 (SB 1115), effective January 1, 2011, operative January 1, 2012; Stats 2011 ch 15 § 298 (AB 109), effective April 4, 2011, operative January 1, 2012, ch 39 § 11 (AB 117), effective June 30, 2011, operative January 1, 2012, ch 183 § 1 (AB 1026), effective January 1, 2012.
Assault With A Deadly Weapon California