July 25, 2024 By Wallin & Klarich

The Primary Defenses Against An Assault With A Deadly Weapon Charge – Penal Code Section 245

Facing an assault with a deadly weapon charge in California can be daunting. Understanding the charge, the legal process, and how to build a robust defense can empower you and put you in a better position to fight the charges. This blog post will walk you through everything you need to know if you’ve been accused of assault with a deadly weapon in California–from understanding the specific charge to exploring successful defense strategies.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

Understanding an Assault With a Deadly Weapon Charge

What Constitutes Assault with a Deadly Weapon?

In California, assault with a deadly weapon is defined under Penal Code Section 245(a)(1). An assault with a deadly weapon occurs when an individual attempts to use a weapon or force likely to produce great bodily harm. Importantly, the weapon doesn’t have to be a gun or knife; even everyday objects like a baseball bat or car can qualify if used in a harmful manner.

Difference Between Assault and Battery

It’s crucial to distinguish between assault and battery. While assault is the attempt or threat to inflict harm, battery involves actual physical contact with the victim. For example, swinging a bat at someone (and missing) could be considered assault, while hitting them would be battery.

Knowing these definitions helps you grasp the allegations against you and enables you to communicate effectively with your legal counsel. This understanding forms the foundation of your defense strategy.

Felony vs. Misdemeanor

Assault with a deadly weapon can be charged as either a felony or a misdemeanor. This kind of situation is often called a “wobbler” offense. Wobbler offenses are a type of crime that can be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the case and the discretion of the prosecutor or the judge. This legal concept allows for flexibility in the criminal justice system, offering an opportunity for lesser penalties in cases where mitigating factors are present. 

Assault With A Deadly Weapon Under California Penal Code Section 245

Understanding the specific penal code sections related to assault with a deadly weapon can provide clarity on what the law stipulates and the potential consequences of a conviction. Here are the key penal code sections to be aware of:

Penal Code Section 245(a)(1)

This section defines assault with a deadly weapon other than a firearm. It outlines any assault committed with a deadly weapon or using force that is likely to produce great bodily injury. If the assault is deemed less severe and involves a non-firearm weapon, it might be charged as a misdemeanor, with penalties including:

  • County Jail Time: Up to one year in county jail.
  • Fines: Misdemeanor offenders may face fines up to $1,000.
  • Probation: Similar to felony cases, misdemeanor probation may be imposed.

Penal Code Section 245(a)(2)

Section 245(a)(2) addresses assault with a firearm. The penalties associated with this offense are generally more severe, reflecting the potential for greater harm. If the assault involves a firearm or results in serious injury, it is more likely to be prosecuted as a felony. Felony assaults with deadly weapons carries harsher penalties, which may include:

  • Imprisonment: A felony conviction can result in a state prison sentence ranging from two to four years, or even longer if aggravating circumstances are present.
  • Fines: Offenders may be required to pay substantial fines, sometimes reaching up to $10,000.
  • Probation: In some cases, the court may impose probation, which includes regular check-ins with a probation officer and adherence to specific conditions, such as attending anger management classes or community service.

Best Defense Strategies for Assault with a Deadly Weapon

Self-Defense

The most commonly employed defense in an assault with a deadly weapon case is self-defense. To successfully argue self-defense, it must be proven that the accused individual reasonably believed they were in imminent danger of suffering bodily harm and that the force used was necessary to prevent that harm. This strategy often requires substantial evidence, including witness testimonies, physical evidence, and expert opinions.

Defense of Others

Similar to self-defense, this strategy involves protecting another person who is in imminent danger of being harmed. The defendant must demonstrate that they genuinely believed that a third party was at risk and that their actions were necessary to protect that person. Eyewitness accounts and evidence supporting the perceived threat can be pivotal in such cases.

Lack of Intent

Intent is a crucial element in an assault with a deadly weapon charge. If the accused individual can prove that there was no intention to cause harm, the charges may be reduced or even dismissed. This could involve presenting evidence that the act was accidental, or that the use of the weapon was not deliberate.

False Accusation

False accusations can arise from mistaken identity, personal vendettas, or erroneous witness accounts. Demonstrating inconsistencies in the accuser’s story, providing alibis, or identifying motives for false allegations can be effective in undermining the prosecution’s case. Surveillance footage, phone records, and other objective evidence can aid in supporting this defense.

Insufficient Evidence

Challenging the sufficiency of the prosecution’s evidence can be a powerful defense strategy. This approach focuses on highlighting gaps or weaknesses in the evidence presented, such as questioning the credibility of witnesses, the chain of custody for physical evidence, or the reliability of forensic methods used.

Coercion or Duress

If the defendant can prove that they were forced to commit the assault under threat of harm to themselves or others, this can serve as a valid defense. Evidence of threats, witness testimonies, and documentation of the coercion can substantiate this claim.

Mental Incapacity

A defense based on mental incapacity argues that the defendant was not in a state of mind to understand the nature of their actions or distinguish right from wrong at the time of the incident. Medical records, expert psychiatric evaluations, and testimonies from mental health professionals are critical in supporting this defense.

Lack of a Deadly Weapon

Arguing that the alleged weapon does not legally qualify as a deadly weapon under state law can result in reduced charges. This involves scrutinizing the nature of the object used and presenting expert testimony or legal precedents to argue that it should not be classified as a deadly weapon.

Implementing the best defense strategy requires a comprehensive understanding of the facts, a thorough investigation, and expert legal knowledge. Each case is unique, and the chosen strategy should be tailored to address the specific circumstances and evidence at hand. Seeking the counsel of an experienced criminal defense attorney is paramount in ensuring the most effective defenses are used.

Contact Wallin & Klarich Today

If you are facing an assault with a deadly weapon charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.

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