Penal Code 245a1 PC – Assault With a Deadly Weapon
245a1 PC is the charge for assault with a deadly weapon. As a type of assault, the attack does not need to be successful in order for the defendant to be charged with 245a1 PC. There are a number of elements of the legal definition to deal with:
Deadly weapon: According to 245a1 PC, a deadly weapon is any weapon that has the potential to cause death or serious injury. This definition also extends to items that are not traditionally weapons but are used in the assault in such a way that might cause death or serious injury. Some examples of deadly weapons are:
- Firearms
- Knives
- Baseball bats
- Hammers
- Attack-trained dogs
- Frying pans
- Beer bottles (either broken to use to stab or unbroken and used as a club)
- Steel toe boots
- Cars
Firearms are considered the most deadly weapon by 245a1 PC and carry the most serious consequences.
Great bodily injury: Often 245a1 PC will determine if a weapon is deadly by determining if it is likely to cause great bodily injury. The legal definition of great bodily injury is simply a substantial injury like a concussion, broken bones, or internal damage.
245a1 PC is known by the following names:
- Assault with a deadly weapon
- ADW
- Aggravated assault
- Assault with a firearm
All of these are the same crime, and the defendant will be charged with 245a1 PC.
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Is 245a1 PC a Misdemeanor or Felony?
The charge of 245a1 PC could be either a misdemeanor or felony, depending on a number of circumstances. The judge will consider factors like criminal history, the type of violence or ill intent displayed, whether an injury was caused or not (and the extent of any injuries), and if the victim was a member of vulnerable or protected classes. The type of weapon and its capacity to cause harm will also factor heavily into decisions. The use of a firearm will usually result in a felony 245a1 PC charge and will add time to prison sentences. A defendant who used a firearm in the assault can face up to 12 years in prison if convicted of 245a1 PC.
245a1 PC Misdemeanor Charges
If the defendant is charged with a misdemeanor 245a1 PC, then they face up to a year in county jail. They may also face penalties such as:
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- Fines
- Reparations
- Anger management classes
- Therapy or counselling
- Community service or labor
- Repossession of weapons
- Loss of gun rights
245a1 PC Felony Charges
If the defendant is charged with a felony 245a1 PC, then they face a state prison sentence of up to a year. As discussed above, certain circumstances may add additional prison time. As a violent felony, this would count as one strike under California’s Three Strikes Law.
They may also face penalties such as:
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- Fines of up to $10,000.
- Reparations
- Anger management classes
- Therapy or counselling
- Community service or labor
- Repossession of weapons
- Loss of gun rights
Legal Elements of a 245a1 PC Charge
The defendant’s actions must meet all of the legal elements in order to be convicted of 245a1 PC. The legal elements are:
- The defendant attempted or did use force on someone with a weapon that had the potential to cause great bodily injury or death. OR the way they used the weapon had the potential to cause great bodily injury or death.
- The defendant’s actions were intentional
- A reasonable person in a similar situation would realize that the weapon could come into contact with another person
- The defendant’s actions placed them in a position to cause great bodily injury or harm regardless of unforeseen circumstances that may have prevented the attack. This is important because it shows intention.
Because 245a1 PC is a type of assault charge, the defendant can be convicted even if they did not cause injury or did not come into physical contact with the victim. If, for example, they fired a gun, but it had no bullets in it or swung a baseball bat at a victim but missed, they can still be convicted under 245a1 PC.
How to Defend Against 245a1 PC Charges
Picking a legal defense against the 245a1 PC charges is not to be taken lightly. A conviction can result in massive fines and large prison sentences. Common legal defenses are:
- Self-defense
- The defense of others
- The actions were accidental (not intentional)
- The weapon in question was not deadly and would not have caused great bodily injury or death
Your criminal defense lawyer will help to examine the evidence and circumstances in order to pick the best legal defense against 245a1 PC charges.