Assault With a Deadly Weapon Penalties

Assault with a deadly weapon sentencing can be severe. This is why it’s extremely important to have an excellent assault lawyer defense team on your side. A charge of aggravated assault under PC 245 is considered a “wobbler” offense, where the prosecutor can file the charges as either a felony charge or a misdemeanor charge. Which charge the prosecutor chooses depends upon the following:

Factors

• The severity of the alleged physical acts 

• Type of deadly weapon used

• What injuries the victim suffered

• Defendant’s previous criminal record

Assault With a Deadly Weapon | PC 245(a)(1)

• State prison term of 2, 3, or 4 years (Felony)

• County Jail term up to 1 year (Misdemeanor) 

• Fine up to $10,000

• Both a jail  sentence and a fine

• Court ordered restitution for the payment of the victim’s medical bills or other damages.

Assault With a Firearm | PC 245(a)(2)

• State prison term of 2, 3, or 4 years (Felony)

• County Jail term up to 1 year (Misdemeanor) 

• Fine up to $10,000

• Imprisonment + Fine.

Assault With an Assault Weapon | PC 245(a)(3)

• Imprisonment in a state prison for 4, 8, or 12 years (Felony)

Assault With Force Likely to Cause Great Bodily Injury | PC 245(a)(4)

• Imprisonment in a state prison for 2, 3, or 4 years (Felony)

• Imprisonment in a county jail for 1 year (Misdemeanor)

• Fine up to $10,000

• Imprisonment + Fine

Assault With a Semi-Automatic Firearm | PC 245(b)

• Imprisonment in a state prison for 3, 6, or 9 Years (Felony)

If you are charged with the crime of assault with a deadly weapon it can result in many negative consequences apart from the court process, including jail time, and loss of your job. Contact a criminal lawyer in Orange County At Wallin and Klarich we will do all we can to help you and your family.