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The penalties for PC 245 (a) (2) assault with a firearm depend on the type of weapon that is alleged to have been used. Assault with a generic firearm is a “wobbler” in California law. This means that it may be charged and punished as either a California misdemeanor or a California felony, depending on the circumstances of the case. 3.
Under California Penal Code Section 245 (a) (2), it is a crime for any person to commit an assault upon the person of another with a firearm. Assault and battery are terms that are often used together but they have different meanings in the law.
2 to 4 years prison sentence in California state prison. A fine of up to $10,000. In California, assault with a firearm is a felony if it involves a semiautomatic gun, assault rifle, machine gun, or a .50 BMG rifle. These are serious charges that attract stiff prison sentences in state prison.
If you are facing charges of assault with a firearm, in violation of California Penal Code Section 245(a)(2), call the Los Angeles criminal defense lawyers at Eisner Gorin LLP immediately. We will closely review the details of your situation in order to determine legal options.
California criminal defense lawyer explains Penal Code 245 (a) (2) PC assault with a firearm law, related crimes, penalties, and how to best fight the charges.
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California Penal Code Section 245(a)(1) defines the crime of assault with a deadly weapon or other deadly instrument other than a firearm. To secure a conviction under this statute, the prosecution must prove the following elements beyond a reasonable doubt:
