Assault With a Deadly Weapon: Penal Code 245

• You did an act with a deadly weapon or instrument, or with force likely to produce great bodily injury, that would directly and probably result in force being applied to someone.
• You did it willfully, and you were aware of facts that would lead a reasonable person to realize that force would result.
• You had the present ability to apply that force.

• PC 245(a)(1), deadly weapon other than a firearm: two, three, or four years in state prison, or up to one year in county jail, and/or a fine up to $10,000.
• PC 245(a)(4), force likely to produce great bodily injury: the same range.
• PC 245(a)(2), with a firearm: two, three, or four years in state prison, or six months to one year in county jail. Higher ranges apply to semiautomatic firearms, assault weapons, and assaults on peace officers or firefighters.

• Self-defense or defense of others.
• The object was not used as a deadly weapon, or the force was not likely to cause great bodily injury.
• Accident, or no willful act.
• Inconsistent witness accounts or false accusations.
• Reduction to a misdemeanor, or to simple assault or battery.

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.