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Fresno Assault with a Deadly Weapon Attorney

Assault with a Deadly Weapon is a common charge. Fresno Defense Attorney can help you if you've been Charged with a violation of PC 245(a)(1)?  Have you been charged with an assault with a weapon other than a firearm?  

Penal Code Section 245(a)(1):  Assault with deadly weapon, firearm, machine gun, assault weapon, or semiautomatic Firearm; Assault on Peace Officer or Firefighter.

PC 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 imprisonment.

PC 245(a)(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than sex months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

PC 245(a)(3) Any person who commits an assault upon the person of another with a machine-gun, as defined in Section 16880, or an assault weapon, as defined in section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4,8, or 12 years.

PC 245(a)(4) Any person who commits an assault upon the person of another by any means of force likely to produced great bodily injury 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 imprisonment.

PC 245(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

PC 245(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer of firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.

PC 245(d)(1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.

PC 245(d)(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know  that the victim is a peace officer of firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.

PC 245(C)(3) Any person who commits an assault with a machine-gun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.

PC 245(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Section 18000 and 18005.

PC 245(e) As used in this section, "peace officer" refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

PC 245 is a wobbler, so it may be charged as a misdemeanor or Felony.

What are the elements of PC 245(a)(1)?

1.  The defendant assaulted victim.

2. The assault was committed with a deadly weapon or instrument other than a firearm.

If I'm convicted of violation PC Section 245(a)(1) how long could I be sentenced to prison?

The standard sentencing triad for a felony conviction of 245(a)(a)  is 2-3-4 years.  A Mitigated term would be 2 years, the mid-term would be 3 years, and the aggravated term would be 4 years in state prison.

What are the elements of a PC 245(a)(2)?

1. The defendant assaulted Victim with a firearm.

If I am convicted or violating PC 245(a)(2) how long could I serve in prison?

The standard sentencing triad for a violation of this section is 2-3-4 years in state prison.

What are the elements of a 245(a)(3)?

1. Victim was assaulted.

2. The assault was committed with a machine gun, an assault weapon, or a semiautomatic firearm.

If I am convicted of a Felony violation of PC 245(a)(3) how long could I be sentenced to?

The sentencing triad is 4-8-12 years in State prison for  violating this penal code section.

What are the elements of a 245(a)(4)?

1. Defendant assaulted victim.

2. The assault was committed by means of force likely to produce great bodily injury.

If the jury convicts me in court for violating PC section 245(a)(4) how long will the judge sentence me to?

While judges have several options including suspended and stayed sentences, and a violation of this section could also be a misdemeanor, the standard sentencing triad for a felony violation of this section is 2-3-4 years.

What are the elements that must be proven for a person charged with a violation of a 245(b) to be convicted of that crime?

1. Defendant assaulted Victim.

2. The assault was committed with a machine gun, an assault weapon or a semiautomatic firearm.

How much time can a judge sentence a person to when they are convicted of violating 245(b)?

PC 245(b) is a very serious offense.  Absent any enhancements, priors prison sentences, strikes, serious or violent felonies a person could be sentenced to as many as 9 years or as little as 3 years, the mid term being 6 years. The sentencing triad is 3-6-9 years in prison.  However, a person's criminal history or other charges may greatly increase the amount of time that a person is actually sentenced to when they are convicted for violating PC 245(b).

What are the elements that must be proven to convict a person charged with a violation of a PC 245(c)?

1. Defendant assaulted Victim.

2. The assault was committed with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury.

3. Victim was a peace officer or a firefighter or a person engaged in the performance of his or her duties.

4. At the time of the assault, the peace officer, firefighter or the other person was engaged in the performance of his or her duties.

5. Defendant knew or reasonably should have known that the victim was a peace officer, firefighter, or another person engaged in the performance of his or her duties.

How long can a judge sentence a defendant to serve in state prison when they are convicted or plead guilty to a charge of violating PC 245(c)?

The sentencing triad is 3-4-5 years in state prison.

What are the elements the must be proven to convict a person of a violation of PC 245(d)(1)?

1. Defendant committed an assault with a firearm.

2. Victim was a peace officer or a firefighter.

3. At the time of the assault, the peace officer or firefighter as engaged in the performance of his or her duties.

4. Defendant knew or reasonably should have known that the victim was a peace officer or a firefighter.

What is the sentence for violating PC 245(d)(1)?

The standard triad is 4-6-8 years in state prison.

What are the elements of a charge of PC 245(d)2)?

1. Defendant committed an assault with a semiautomatic firearm.

2. Victim was a peace officer or a firefighter was engaged in the performance of his or her duties.

4. Defendant knew or reasonably should have known that the victim was a peace officer or a firefighter.

I am accused of assaulting an officer with a firearm, how long will I go to prison for?

No lawyer or attorney can answer this question for sure, until a judge sentences a defendant, it is not possible to ascertain the answer to this questions.  However, the sentencing triad on this charge is 5-7-9 years in state prison. See Firearm Restrictions

What are the elements that must be proven to convict a defendant who has been charged with a violation of PC 245(d)(3)?

1. Defendant committed an assault with a machine gun.

2. Victim was a peace officer or a firefighter.

3. At the time of the assault, the peace officer or firefighter was engaged in the performance of his or her duties.

4. Defendant knew or reasonably should have known that the victim was a peace officer or a firefighter.

If I'm convicted of shooting at an officer with a machine gun or assault weapon, PC 245(d)(3), what could my sentence be?

The standard sentencing triad is 6-9-12 year in State Prison.  However there could be aggravating factors such as prior criminal record, prior strike violations, prison priors, or other factors that greatly increase the sentence.

Felony assaults charged under this statute are some of the most common felony charges in the Fresno Courts.  Often there will be enhancement allegations such as gang enhancements and/or Great Bodily Injury (GBI) enhancements that can add years to a prison sentence for 245(a)(1), 245(a)(2), or various other charges and enhancements.

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