Assault with a deadly weapon is one of the most serious violent crime charges a person can face in California. Prosecutors take these cases aggressively because they involve threats or acts of violence using weapons or other dangerous objects. A conviction under California Penal Code 245(a)(1) can lead to years in prison, hefty fines, and a permanent criminal record that affects every part of your life.
At Griffin Law Office, APC, our San Diego criminal defense attorney understands how overwhelming it is to be accused of assault with a deadly weapon. These cases often involve complicated facts, conflicting stories, and emotionally charged evidence. With the right defense strategy, you can protect your freedom and your future.
Understanding California Penal Code 245(a)(1)
Under California Penal Code 245(a)(1), assault with a deadly weapon—often called AWD—occurs when a person commits an assault upon another using a deadly weapon or instrument other than a firearm, or by means of force likely to cause significant bodily injury.
To convict someone of this offense, prosecutors must prove:
- The defendant committed an act likely to result in the application of force to another person.
- The act was done with a deadly weapon or with force likely to produce significant bodily harm.
- The defendant acted willfully.
- The defendant had the present ability to apply such force.
It’s important to note that an actual injury is not required for an AWD charge; only the threat or attempt to use a deadly weapon is enough to support prosecution.
What Qualifies as a “Deadly Weapon” in California?
The law defines a deadly weapon broadly. It includes obvious items like guns and knives, but can also include any object that can cause serious harm, depending on how it is used.
Examples of deadly weapons under California law include:
- Knives, baseball bats, or tire irons.
- Vehicles used to strike or threaten someone.
- Tools such as hammers or crowbars.
- Bottles, heavy objects, or blunt instruments.
- Animals are commanded to attack another person.
Even everyday items can be considered deadly weapons if they are used in a way likely to cause significant injury.
Penalties for Assault with a Deadly Weapon in California
Assault with a deadly weapon is considered a “wobbler” offense under California law, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and severity of the act.
If charged as a misdemeanor:
- Up to one year in county jail.
- Fines up to $1,000.
- Probation, community service, or anger management programs.
If charged as a felony:
- Two, three, or four years in state prison.
- Fines up to $10,000.
- Possible strike under California’s Three Strikes law.
If the alleged victim is a law enforcement officer, firefighter, or other protected public employee, the penalties become significantly harsher, including longer prison sentences and mandatory enhancements.
In addition, a conviction for AWD can have collateral consequences, such as losing professional licenses, immigration status risks, or the right to own firearms.
Defenses to PC 245(a)(1) Charges
Being charged with assault with a deadly weapon does not mean you will be convicted. Several effective legal defenses can challenge the prosecution’s evidence and help reduce or dismiss your charges.
- Self-defense or defense of others.
If you acted reasonably to protect yourself or someone else from imminent harm, your actions may be justified under California self-defense laws.
- Lack of intent.
To be convicted under Penal Code 245(a)(1), the prosecution must prove that you acted willfully. If the incident was an accident or a misunderstanding, establishing intent may be difficult.
- No deadly weapon involved.
Many AWD charges involve objects that prosecutors claim are deadly weapons when they may not be. Demonstrating that the item was not used dangerously can significantly weaken the case.
- False accusation or mistaken identity.
Assault cases often depend on unreliable eyewitness accounts or personal bias. If you were falsely accused or misidentified, an experienced defense attorney can expose inconsistencies in the prosecution’s story.
- Insufficient evidence.
If the prosecution cannot prove beyond a reasonable doubt that you intended to use deadly force, the case should not result in a conviction.
At Griffin Law Office, APC, we analyze every detail, from police reports and witness statements to surveillance footage and forensic evidence, to identify errors, inconsistencies, and violations of your rights.
How Griffin Law Office, APC Can Help
Our San Diego criminal defense attorney, Patrick Griffin, has handled hundreds of violent crime cases throughout San Diego County, including assault with a deadly weapon charges. We know that prosecutors often overcharge these cases or misinterpret the facts, turning minor altercations into felony-level accusations.
We focus on:
- Conducting a detailed investigation of the facts.
- Challenging the credibility of witnesses and police reports.
- Negotiating for charge reductions or alternative sentencing when appropriate.
- Preparing each case for trial from the start, so the prosecution knows we are ready to fight.
Our firm believes that every client deserves a defense built on truth, strategy, and persistence. When your freedom and reputation are at stake, experience in the courtroom makes all the difference.
Contact Our San Diego Assault with a Deadly Weapon Defense Lawyer Today
If you or a loved one has been accused of assault with a deadly weapon under California Penal Code 245(a)(1), your future depends on immediate and effective legal action. Do not talk to law enforcement or prosecutors before speaking with an attorney who knows how to protect your rights.
Contact Griffin Law Office, APC today at 619-269-2131 or reach out online for a confidential consultation. Our skilled San Diego County criminal defense lawyer will evaluate your case, explain your legal options, and build the strongest possible defense to help you move forward with confidence.
