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The legal definition of California assault with a deadly weapon, Penal Code 245(a)(2) PC, consists of the following “elements of the crime”: You performed an act with a firearm that, by its nature, would probably result directly in the application of force to someone else;
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.
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:
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.
Under Penal Code § 245 (a), aggravated assault is punishable as a felony by up to two, three, or four years in prison. As a misdemeanor, it is punishable by up to one year in county jail. However, assault with a machine gun may be punished by up to 4, 8, or 12 years in state prison.
245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and ...
