CALIFORNIA ASSAULT wITH DEADLY WEAPON ATTORNEY
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ASSAULT WITH A DEADLY WEAPON
ASSAULT w/ DEADLY WEAPON: If you have recently been arrested for and/or charged with a violation of Penal Code Section 245(a)(1) (ASSAULT w/ DEADLY WEAPON) call the law offices of WINTER LAW at 714-402-4958 immediately to schedule a free consultation to discuss your matter.
California Penal Code Section 245(a)(1) describes assault with a deadly weapon. Assault with a Deadly Weapon involves an assault upon another with the use of a dangerous or deadly weapon. This crime is a “wobbler” meaning it may either be charged as a misdemeanor or felony depending on the facts, circumstances and discretion of the District Attorney’s Office.
An assault with a deadly weapon occurs when an individual willfully commits an act which by its nature would probably result in the direct application of force to another while using a dangerous or deadly weapon. The individual committing the act must have the present ability to apply force using this dangerous or deadly weapon.
A violation of Penal Code Section 245(a)(1) (ASSAULT w/ DEADLY WEAPON) carries potential penalties up to a maximum of one year in the county jail and/or a fine of up to $1,000 for a misdemeanor OR a potential maximum of four (4) years in state prison and/or a fine up to $10,000.
A violation of an assault with a deadly weapon upon a peace officer, emergency personnel or other professional categories may result in increased penalties.
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