Blog

Assault with a Deadly Weapon

California Penal Code § 245(a)(1) defines the California law on Assault with a Deadly Weapon as the act of committing an assault on another individual using a “deadly weapon”, an instrument that’s not considered a firearm, or by forceful means that have the probability to cause great bodily injury to another person.

“Great bodily injury” is defined very broadly as an injury of significant or substantial physical bodily injury, and severity or inclusion of an injury to this definition is determined by the jury in each case. Just because it qualifies as a GBI in one case does not mean that it will qualify in the next, each case is determined based on its specific circumstances. Great bodily injury and serious bodily injury are very similar and are often used interchangeable, although legally they are very different; serious bodily injury is a lesser injury.  Cases that involve children under the age of 5, seniors over the age of 70, domestic violence, and sexual crimes typically are given harsher sentences in assault with a deadly weapon cases, as well as in most other criminal cases.

Some examples of “great bodily injury” may include, but are not limited to:

• cuts or lacerations that require sutures
• black eye
• broken, crushed, pulled out teeth
• broken bones
• gunshot wounds

Common defense strategies used to fight charges of Assault with a Deadly Weapon:

• Self-defense- you truly felt and had reason to believe that you (or another person) were going to suffer great bodily harm unless some form of force or weapon was used to prevent that injury to happen; this is possibly the most common defense strategy used in court
• Inability to carry out the threat- during the event, the accused had no way to carry out the assault or to apply the force necessary to result in great bodily injury (with or without a deadly weapon)
• Lack of intent- assault was entirely accidental; no intent whatsoever was involved in the actions (i.e. While playing baseball, the batter accidentally hits the catcher in an attempt to hit the ball.)

Factors Used to Determine if the Charge of Assault with a Deadly Weapon is Misdemeanor or Felony:

• the type of weapon or instrument used to commit the assault
• California deems a “deadly weapon” to be any instrument, tool, or other item that is capable of causing another person’s death if it is used in a violent fashion or manner. Unbeknownst to many people is the variety of things that can fall into this “deadly weapon” category, including a bat, a stick, or even your fist.
• whether or not the alleged victim was injured by the force used in the assault
• the degree of injury that was sustained in the assault (if injury in fact occurred)
• whether the alleged victim was in a “protected persons” category
• other factors and previous criminal history

Assault with a Deadly Weapon - Misdemeanor Penalties

If you used a deadly weapon that is NOT a firearm during the event in question, or if great bodily injury occurred due to your application of force, you may face the following penalties if convicted:

• probation for up to 1 year
• up to 1 year in the county jail
• up to $1000 in fines
• a combination of fines and imprisonment
• firearm prohibition, typically for 10 years from conviction date

If you used a firearm during the event in question, you may face the following penalties if convicted:

• probation
• up to $1000 in fines
• 6 months-1 year in the county jail
• both jail time and fines
• firearm prohibition for life for certain misdemeanor convictions, including assault with a firearm.

Assault with a Deadly Weapon - Felony Penalties

If you used a deadly weapon, such as a handgun, or applied force that would likely inflict great bodily injury, you may face the following penalties if convicted:

• up to 2-4 years in the California state prison
• up to $10,000 in fines
• a permanent strike on your criminal record, pursuant to the Three Strikes Law in California

If you used a certain type of firearm (assault weapons, .50 MBG rifle, machine gun), you may face the following penalties if convicted:

• up to 4,8, or 12 years in the California state prison or
• up to $10,000 in fines
• up to 12 years of probation
• a permanent strike on your criminal record, pursuant to the Three Strikes Law in California

If you used any other type of semiautomatic weapon not specifically listed otherwise, you may face the following penalties if convicted:

• up to 3,6, or 9 years in the California state prison
• up to 9 years of probation
• up to $10,000 in fines
• a permanent strike on your criminal record, pursuant to the Three Strike Law in California

Under California Penal Code § 245(d), if you assaulted a person who is in a qualified protected category (such as law enforcement or a firefighter), and you were aware of or had reason to believe they were in a protected class, you may face the following penalties if convicted:

• up to 5 years in the California state prison (regardless if you used a firearm or not)
• an additional 4, 6, or 8 years to your sentence (if firearm is used)
• up to 8 years of probation
• restitution

Furthermore, if the assault occurred on school property or at a publicly maintained and operated park (not including professional sports facilities or parks used for commercial events), and you are convicted of the Assault with a Deadly Weapon charge, you may face the following penalties:

• up to $2000 in fines
• up to one year in the county jail
• a combination of fines and imprisonment
• mandatory counseling (if the convicted is a minor)

Bail for Assault with a Deadly Weapon Charge:

California’s bail bond fee is 10% of the bail amount. It’s extremely important to be able to rely on a bail bondsmen service that is experienced, professional, and knowledgeable regarding the California state laws, jail processes and procedures, and OC bail bonds. Having a licensed agent who will work quickly and confidentially on your assault with a deadly weapon bail bond is imperative for a speedy release from jail, as well as for any future needs.

• Searching Google for “bail bonds near me” doesn’t always mean that you’re getting top-of-the-line professionals. Choosing the wrong bondsman can potentially come back to financially haunt you. Sometimes during court proceedings, the district attorney may request a bail increase. Sometimes, the victim’s injuries may worsen—which in turn increases your charges, or suddenly adds entirely new charges to your initial case. All of these potential situations could cause your initial bond to be voided (exonerated), and you are forced to come up with the new increased bail amount. Not all bond companies will issue credit for the original, now-voided bond. It’s best to find a bail bond agent that will give you credit to apply towards the new bond if the initial bond is voided.

Contact Mr. Nice Guy Bail Bonds for a free consultation today. There are no hidden fees, and payment plans are available to help you and your loved ones during an already difficult time. Call today and speak to a licensed bail bondsman, not an answering service. We will be glad to answer all of your questions regarding bail bonds in Orange County or the surrounding area, and can even assist you with a bail bond in a distant city or another state.

Disclaimer: The information provided herein is an extremely brief overview of various factors and penalties regarding California’s Assault with a Deadly Weapon charge. Though we do our best to provide the most accurate and relevant information, it is always in your best interest to do your own research and contact professional legal representation in the event that a charge is brought against you or someone you know. The material provided above is to be used as a reference point only, and should not be considered as all-knowing, all-encompassing facts surrounding California law. Laws are occasionally updated, amended, and revised so always check with a licensed professional for the most current and accurate information relevant to your case or situation.