Defending Against Assault PC 245(A) with a Deadly Weapon Allegations

Under PC 245(a)(1), anyone who commits an assault upon another person with a deadly weapon or instrument other than a firearm can be found guilty of “assault with a deadly weapon.” These crimes are commonly referred to as “ADW.”

Death or serious bodily injury is not necessary to be charged with assault with a deadly weapon. Even if the victim suffered no physical injury, the attempt to commit a violent injury is enough to trigger an assault charge.

Generally speaking, there are many factors that determine whether an assault with a deadly weapon (ADW) case will be filed by the prosecution and whether it will be filed as a felony or a misdemeanor. Some of these factors include

1. what kind of weapon was used, and whether it was a firearm or not
2. the severity of the injury sustained by the alleged victim, if any, and
3. whether the alleged victim was a police officer, firefighter, or neither.

The definition of deadly weapons is very broad in ADW cases. A deadly weapon can include items such as a knife, ax, sharp stick, baseball bat, shovel, rock, an attack dog, pencil, or bottle. Kicking someone may even be considered assault with a deadly weapon if it is likely to produce great bodily injury.

A conviction for assault with a deadly weapon can also have a negative impact on any non-citizens in the U.S. Assault with a deadly weapon is considered a crime involving moral turpitude. A conviction may make some non-citizens inadmissible or deportable.

Under California law, a conviction for PC 245(a)(1) can be a strike.

Under PC 245(d)(1), if the victim of an assault with a firearm is a peace officer or firefighter engaged in the performance of their duties, a conviction can result in up to eight years in state prison.

Under PC 245(d)(2), if the victim of an assault with a semiautomatic firearm is a peace officer or firefighter engaged in the performance of their duties, a conviction can result in up to nine years in state prison.