What is a Deadly Weapon?

In the context of California Penal Code §245(a)(1), a deadly weapon is defined as any object, instrument, or weapon used in a way that is capable of causing, or likely to cause, great bodily injury or death. While the range of objects that can be considered deadly weapons is broad, here are eight common examples:

1. Knives: Including kitchen knives, switchblades, or any sharp-edged instruments.
2. Firearms: Whether loaded or unloaded, if used to threaten or harm.
3. Baseball Bats: Commonly used in physical assaults, capable of inflicting serious injury.
4. Brass Knuckles: Designed to augment the impact of a punch, leading to severe injury.
5. Vehicles: When used to hit or attempt to hit a person.
6. Bottles or Glass: Broken or intact, used as stabbing or striking weapons.
7. Clubs or Sticks: Including any heavy or blunt object used to strike.
8. Tools: Such as hammers or screwdrivers, when used in a threatening or harmful manner.

Penalties for Penal Code 245(a)(1)

Under California Penal Code Section 245(a)(1), assault with a deadly weapon is classified as a “wobbler.” This designation allows the Los Angeles County prosecutor the discretion to file the case as either a misdemeanor or a felony, based on the specifics of the case and the defendant’s criminal history. Factors influencing this decision typically include the type of weapon used and the severity of injuries inflicted on the victim.

Penalties for Misdemeanor Conviction:

• Imprisonment for up to one year in county jail.
• A fine of up to $1,000.
• Misdemeanor summary probation.

Penalties for Felony Conviction:

• Imprisonment for 2, 3, or 4 years in California state prison.
• A fine of up to $10,000.
• Formal felony probation.

Legal Defenses for ADW Charges

1. Self-Defense or Defense of Others: If you reasonably believed that you or someone else was in imminent danger of being harmed, and you used only as much force as was necessary to defend against that danger, this defense can be applied.
2. Lack of Intent: Since ADW requires a willful act, demonstrating that the act was accidental or without the intention to harm can be a valid defense.
3. False Accusation: Unfortunately, false accusations do occur. Proving that the accusation was false or motivated by factors such as revenge can negate the charges.
4. Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you committed ADW. Highlighting the lack of concrete evidence can be a strong defense.
5. Mistaken Identity: In cases where the perpetrator was not clearly identified, proving that you were not the individual who committed the assault can lead to charges being dropped.