PENAL CODE 245(b) ASSAULT WITH SEMI-AUTOMATIC FIREARM

Under Penal Code 245(b), assault with a semi-automatic firearm occurs when a person uses such a weapon in a manner that could result in applying force to another individual. Semi-automatic firearms automatically load the next round after each trigger pull, making them distinct from other firearm types.

To convict someone under Penal Code 245(b), the prosecution must prove these elements:

1. The defendant used a semi-automatic firearm in a way likely to apply force.
2. The act was done willfully and intentionally.
3. The defendant had the present ability to use force with the firearm.
4. A reasonable person would believe that force was imminent based on the defendant’s actions.

Unlike generic firearms, semi-automatic firearms lead to harsher penalties due to their potential for rapid-fire capability. Assaults involving machine guns, assault weapons, or .50 BMG rifles are governed by different provisions with even stricter penalties.

A conviction for assault with a semi-automatic firearm is a felony in California. Depending on the circumstances, penalties may include:

1. A prison sentence of three (3), six (6), or nine (9) years.
2. Fines up to $10,000.

Beyond imprisonment and fines, defendants may face:

1. Formal probation with stringent conditions.
2. Permanent loss of firearm ownership rights under California law.
3. Difficulty securing employment or housing due to a felony record.

Penalties can increase if aggravating factors are present, such as:

1. The victim is a peace officer or firefighter.
2. Use of the firearm in conjunction with other violent crimes.
3. Personal use of the firearm, triggering California’s sentencing enhancement laws.

California law permits the use of reasonable force, including a firearm, to protect oneself or others from imminent harm. If you acted in response to a credible threat, this could form a valid defense.

Assault charges require proof of intentional action. If the act was accidental or lacked intent, a skilled attorney could argue against the charge.

False allegations or mistaken identity are unfortunately common. Eyewitness errors or malicious claims can lead to wrongful charges, requiring thorough investigation and presentation of counter-evidence.

The prosecution must establish all elements of the crime beyond a reasonable doubt. A defense lawyer may highlight inconsistencies or lack of evidence to undermine the case.

Engage an experienced attorney as soon as possible to protect your rights and develop a strong defense strategy. DCD LAW’s skilled legal team can guide you through each step and work to achieve the best possible outcome for your case.

Document any evidence, such as surveillance footage or witness testimony, that supports your version of events.

Limit interactions with the alleged victim to avoid complications or accusations of witness tampering. By following this advice, you help prevent additional charges or misunderstandings that could impact your defense.

Comply with court orders, including restraining orders, to demonstrate responsibility and good faith to the court. DCD LAW will ensure you understand these orders to prevent any unintended violations that could affect your case.

DCD LAW specializes in defending clients against assault with semi-automatic firearm charges. With a deep understanding of California firearm laws, the firm provides tailored strategies to achieve the best possible outcomes, including charge reductions or dismissals.