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Legal Defenses to Penal Code 245(a)(2) You can be convicted of California assault with a firearm—and face the hefty penalties above—even if you did not injure anyone. In fact, you can be convicted under PC 245(a)(2) even if you didn’t touch or otherwise make physical contact with your victim. 7
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.
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. A defendant used the firearm in a manner that would have led to the application of force. The defendant acted willfully
Felony PC 245 (a) (2): When assault with firearm is charged as a felony, the defendant may face up to two, three, or four years in a county jail, depending on certain mitigating or aggravating sentencing factors that are present in the case.
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.
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.
