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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 Penal Code 245(a)(2) PC, California laws deem assault with a firearm to contain four elements. These are the facts that a prosecutor must prove before a defendant can be found guilty of a firearm assault.
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.
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.
According to Part 2 of the California Penal Code, the major steps of the criminal process are as follows: The prefile investigation; Obtaining an arrest warrant based on an “information” or else indicting the suspect by a grand jury; The entrenchment; A plea bargain (if the case resolves before trial)
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.
When a lawyer’s client is charged with felony assault with a deadly weapon under penal code section 245 (a) (1), they are facing a “strike” under California’s Three Strikes law.
