Assault With a Firearm is the commission of an assault upon another person with a firearm or machine gun or assault rifle. To be guilty of Assault With a Firearm you need to have had the “”present ability”” to apply force with that firearm. Pointing an unloaded firearm would not meet this condition and the ability to inflict violence, with the exception of using the gun as a club. However, use of an unloaded weapon to rob or coerce may trigger charges under California’s Robbery law. Examples of Assault with a Firearm include shooting at someone even if you don’t hit them or pointing a loaded gun at a person or pistol whipping someone with a gun or attempting to do so.
What does the prosecutor have to prove?
1. Defendant assaulted victim with a firearm. [Cal Crim No. 875]
Felony: 2 years/3years/4 years (firearm)
4 years/8 years/12 years (assault rifle)
Misdemeanor: 180-364 days