Assault with Deadly Weapon

Assault With a Deadly Weapon- Penal Code Section 245(a) (1) states “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or 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.”

Assault with a deadly weapon (ADW) can be charged when a person points a gun (or other dangerous weapon) at another person. Even if the gun was not loaded and even if the person holding the gun had no intention of using the gun he/she can still be charged if the victim was in reasonable fear as a result of the person pointing the gun at him/her.

Assault with a deadly wepon can be charged as a MISDEMEANOR or a FELONY. A felony conviction for ADW can be a “STRIKE” under the THREE STRIKES LAW. A prison prior or a strike prior, that is already on the record of the accused can double the maximum sentence.

P.C. 245(a)(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.

P.C. 245(a)(3)-any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

It should be noted that a person can be charged with assault with a deadly weapon even if the weapon is their automobile. Also it should be noted that a person can be charged with assault with a deadly weapon even if the weapon is their fist.

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