Assault With a Deadly Weapon | Penal Code § 245

Description

The crime of Assault With a Deadly Weapon involves the threat or use of firearms, or any weapon likely to produce bodily injury. Although courts have discretion regarding application of force, hands and feet or any body parts are not considered “”deadly weapons”” under California law. Examples of Assault With a Deadly Weapon include firing a gun at a passing car or instructing an animal to attack or pushing someone from a moving automobile or using a bottle, screwdriver or pencil to attack someone.

What does the prosecutor have to prove?

1. The defendant assaulted victim.
2. The assault was committed with a deadly weapon or instrument other than a firearm. [Cal Crim No. 875]

Punishment

Felony: 2 years/3 years/4 years
With probation 0-364 days
Misdemeanor: 0-180 days (standard)
0-364 days (aggravated)

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No