Definition
Assault with a Deadly Weapon under California Penal Code Section 245 A 1, is a criminal offense and it is normally filed as either a felony or misdemeanor. It is the willful act of using force on someone else with a deadly weapon, and this same force could cause physical injury to the victim.
Example
An assault with a deadly weapon apart from the obvious gun or knife, can also be as simple as swinging someone with a pen to intentionally harm or assault them.
Elements of the Crime
In order to take an Assault with a Deadly Weapon CPC 245 A 1 case to trial, certain elements of the crime will have to be proven. These include:
- That the defendant assaulted someone
- The defendant used a deadly weapon during the assault
- This assault with a deadly weapon could have caused bodily injury
Punishments for CPC 245 A1
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the kind of weapon used, the victim’s injuries and also an defendant’s criminal history.
When found guilty of Assault with a Deadly Weapon, it is usually filed as either a misdemeanor or felony and this includes:
· As a misdemeanor, the charges are one year in jail and up to a thousand dollars in fines
· As a felony, two in prison and up to ten thousand in fines
Legal Defenses for California Penal Code 245 A 1
A good lawyer can present many legal and valid defenses for Assault with a Deadly Weapon charges under California Penal Code 243 A 1 to prove someone’s innocence. A legal defense team can argue that the guilty party was falsely accused, or that they were acting in self defense.
Learn more about other California Section Penal Codes here.
