245a1 PC is the section of California’s Penal Code that deals with assault with a deadly weapon. It does not require the assault to be successful; even an attempted assault with a deadly weapon can cause a 245a1 PC charge. In this article, we will discuss the legal definition of the crime, elements, and penalties under 245a1 PC.
Definition of 245a1 PC Assault With a Deadly Weapon Laws
The definition that 245a1 PC provides of assault with a deadly weapon is an attack on someone with a deadly weapon other than a firearm. As an assault, the attack does not need to be successful in order for the defendant to be charged. The defendant must only have attempted to attack the victim and intended to cause injury or harm. If the deadly weapon was a firearm, the defendant would not be charged under 245a1 PC; there is a law specifically for assault with a firearm.
245a1 PC defines a deadly weapon as any weapon used in a way that renders it capable of causing serious injury or death. This can include things like:
- Knives
- Brass knuckles
- Bottles
- Pool cues
- Cars
- Baseball bats
- Animals trained to attack and cause injury
The weapon only needs to have the potential to cause serious injury or death or be used in a way that could cause serious injury or death. For example, a toothbrush filed into a point to make a “blade” would count as a deadly weapon even if a toothbrush would not traditionally be capable of causing harm.
245a1 PC Elements
The elements of the crime are the facts that the prosecutor needs to prove beyond a reasonable doubt in order to achieve a conviction under 245a1 PC.
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- The defendant used a deadly weapon to do something that would cause serious injury or death to the victim
- The defendant’s actions were willful
- The defendant was aware that if their actions were successful, they would cause physical contact with another person
- The defendant had the ability to use force on another person when they committed the act
Any injury caused during the assault with a deadly weapon serves as proof that the assault occurred. However, because 245a1 PC is an assault charge, not a battery charge, it does not need to cause injury, nor does the defendant need to be successful in causing physical contact in order to be convicted. If, for example, the defendant went to stab someone with a knife but missed, they could still be charged under 245a1 PC even though they did not hurt anyone.
245a1PC Penalties
Assault with a deadly weapon can be charged as either a misdemeanor or felony as 245a1 PC allows the court some discretion when considering the circumstances of the case. If the defendant is convicted of a felony, then their penalty may include a fine of up to $10,000 and a state prison sentence of up to 6 years. As a violent felony, this would count as a strike under California’s Three Strikes Law. With three strikes on their record, the defendant could be sentenced to 25 years to life in prison. If the defendant is convicted of a misdemeanor under 245a1 PC, then they may face fines of up to $1,000 and up to a year in county jail.
When deciding whether to sentence the defendant with a felony or misdemeanor, the court may take into account the following factors:
- Victim’s injuries
- The circumstances of the assault
- The type of weapon used
- Criminal history of the defendant
- If the attack was successful or not
Legal Defenses For 245a1 PC Charges
If you have been arrested or charged under 245a1 PC, you need to speak to a criminal defense lawyer. A conviction for this crime could have serious consequences both in the short term and long term. After you have served the criminal penalties, it could affect your ability to find housing and employment because you have a violent crime on your record. If you are convicted of a felony, it means that it could influence your sentencing in the future and may even contribute to a life prison sentence in the future.
A criminal defense lawyer can help you pick the right legal defense for your 245a1 PC charge based on the circumstances. Common legal defenses are self-defense, that your actions were not willful, or that the object or weapon was not a deadly weapon. Some of these defenses could result in the 245a1 PC charges being dismissed completely, or downgraded to just assault rather than assault with a deadly weapon.