Assault with Deadly Weapon

There are several different classifications of assault under the California penal code, each with its own definition and unique potential sentence. The prosecution must prove beyond a reasonable doubt that the crime took place and that you committed it.

Simple Assault – Laws & Penalties

Simple assault is a misdemeanor and defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. This means that no injury or even contact has to have taken place for this offense to have occurred. This misdemeanor offense can carry a sentence of up to $1,000 in fines and jail time of up to 6 months. Simple Assault – California Penal Code Section 240-241

Simple Battery - Laws & Penalties

Simple battery can be charged as a misdemeanor or felony, a determination that is made by the judge. It is defined as any willful and unlawful use of force or violence upon another person. This offense has a potential sentence of up to $2,000 and jail time up to 6 months. Simple Battery California Penal Code Section 242-243

Assault with a Deadly Weapon - Laws & Penalties

Assault with a deadly weapon, other than a firearm, is considered a felony in the states of California. It is punishable by up to 4 years in state prison and fines up to $10,000. You may be charged with this serious felony if the court believes you assaulted another person with a deadly weapon other than a firearm in a manner likely to produce great bodily harm, Assault with a Deadly Weapon (not a firearm) California Penal Code Section 245

Assault with a Firearm Unlike “assault with a deadly weapon”, assault with a firearm does not have to be committed “in a manner likely to produce bodily harm”. The mere possession of the firearm in the commission of an assault is enough to elevate the potential sentence in this crime. This offense is also a felony that carries a potential $10,000 fine and 4 year prison term. Assault with a Firearm: California Penal Code Section 244 All assault offenses have exception and inclusions. For instance, if the alleged assault took place on school grounds or the alleged victim was the driver of public transportation, the sentence can be elevated.

Navigating the complexities of California assault laws in the penal code can be extremely complicated.

Attorney Stephen G. Cline has been practicing criminal defense for nearly 20 years. His reputation and experience will be the key to the aggressive defense of your Assault with a Deadly Weapon charge. Call today at (619) 235-5638 to discuss your specific case!

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