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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.
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
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.
The California Penal Code is a collection of state statutes that define many criminal offenses and their corresponding penalties. It covers a wide range of offenses , such as theft, assault, sexual offenses, homicide, and fraud.
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.
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 ...
