Assault with a Firearm | Penal Code § 245

Description

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]

Punishment

Felony: 2 years/3years/4 years (firearm)
4 years/8 years/12 years (assault rifle)
Misdemeanor: 180-364 days

 

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”	Yes
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?	Yes
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