Penalties for Assault With a Deadly Weapon

Penalties for Assault With a Deadly Weapon

If you’ve been arrested for assault with a deadly weapon, you could face harsh criminal penalties. A deadly weapon sentence can be quite lengthy, so the first thing you’ll want to do is start the bail bonds process so you can focus on the legal fight in front of you.

Under California PC 245 a 1, a deadly weapon is anything that is used in a way likely to cause great bodily injury or death. You don’t need to have intended to hurt someone to face a deadly weapon sentence in California, you only need to have used an object recklessly. In California, assault with a deadly weapon is classified as a wobbler. This means that it could be charged as a misdemeanor or a felony depending upon the exact nature of the case and your past criminal history. You could face jail time for assault with a deadly weapon regardless of whether you receive misdemeanor penalties or felony penalties. Punishment under Penal Code 245 can be quite severe, and will be based upon a number of factors. The misdemeanor penalties under California PC 245 a 1 are as follows: up to one year in jail and/or a fine of up to $1,000. The felony penalties are two to three years in jail and/or a fine of up to $10,000. You will also most likely face probation regardless of whether you are charged with a misdemeanor or a felony.

You will be charged based upon the nature of the weapon used in the assault, the injuries sustained by the victim, and who the victim was. If a firearm was involved in the assault, the deadly weapon sentence in California is anywhere from six months to twelve years in prison, depending upon the nature of the firearm. If the assault involved a simple firearm, the case will be a wobbler, but you will face at least six months of jail time for assault with a deadly weapon. If you use a semiautomatic firearm, you will automatically be charged with a felony and could face three, six, or nine years in prison. If the victim was a law enforcement officer or firefighter performing his/her duties, you will be automatically charged with a felony and face harsh PC 245 a 1 felony penalties. If you did not use a firearm against the police officer or firefighter, you could face three to five years in prison. If a firearm was used, the penalty will depend upon the nature of the firearm but will range from four years for a simple firearm to twelve years for a machine gun or other assault weapon.

California has a three strikes law, and assault with a deadly weapon will count as a felony strike California. This could mean that your punishment under Penal Code 245 will be even harsher. A felony strike California for use of weapon will remain on your record, so that penalties for any future felonies you commit will be doubled or tripled. If you receive three strike convictions, you will receive a prison sentence of twenty five years to life.

Don’t wait around if you find yourself facing an assault charge. Even though it is a wobbler in California, a deadly weapon sentence can be devastating, particularly if there are aggravating factors or if you have a previous felony record. If you are facing the harsh criminal penalties associated with assault with a deadly weapon, you need the right team on your side, and that starts with the right bail bonds. PC 245 a 1 Felony Penalties for use of weapon are quite serious, and require serious legal representation.

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