Assault with a Deadly Weapon in California – Penal Code 245(a)(1)

Los Angeles Defense Attorney Defending Clients Facing Assault with a Deadly Weapon Charges

Being charged with assault with a deadly weapon (ADW) in Los Angeles is a serious legal matter that can carry severe penalties, including years in prison, substantial fines, and a permanent criminal record. Under PC 245(a)(1), ADW is defined as an unlawful attempt to commit a violent injury on another person using a deadly weapon or force likely to cause great bodily injury. Unlike simple assault, which involves no actual contact, ADW charges can apply even if no one was injured—what matters is whether the alleged act had the potential to cause significant harm.

Prosecutors pursue these cases aggressively, often seeking felony charges that can result in strikes under California’s Three Strikes Law, which may lead to enhanced sentences for repeat offenders. However, not every ADW charge is justified. Many cases stem from false accusations, self-defense situations, or exaggerated claims. Additionally, law enforcement officers may misinterpret the use of an object as a deadly weapon, even if it was never intended to cause harm. A strong legal defense can challenge the evidence, witness testimony, and intent behind the alleged act.

With over 20 years of experience, Los Angeles criminal defense attorney Arash Hashemi has successfully defended clients facing assault with a deadly weapon and other violent crime charges. Our firm understands the complexities of California’s assault laws and knows how to negotiate charge reductions, challenge weak evidence, and fight for dismissals. If you or a loved one has been accused of ADW, do not wait to seek legal representation. Contact our office today for a free consultation to discuss your options and build the strongest possible defense.

What Is Assault with a Deadly Weapon Under California Law?

Assault with a deadly weapon (ADW) is a serious criminal charge under PC 245(a)(1), which involves attacking or attempting to harm another person using a deadly weapon or force likely to cause great bodily injury. Unlike simple assault, ADW does not require actual physical contact—the prosecution only needs to prove that the defendant attempted or threatened to use a deadly weapon or excessive force.

Key Elements of Assault with a Deadly Weapon

Under Penal Code 245(a)(1), the prosecution must establish the following elements to convict someone of ADW:

• An unlawful attempt to cause injury: The defendant acted in a way that could result in harm to another person.
• Use of a deadly weapon or force likely to cause great bodily injury: A “deadly weapon” includes firearms, knives, blunt objects, or any object used in a way that could cause significant harm. Even hands, feet, or other body parts can qualify if the force used was excessive.
• Intent to commit the act: The defendant did not necessarily need to intend to injure the victim, but they must have willfully engaged in conduct that could cause harm.
• The victim was aware of the assault: The alleged victim must have reasonably feared imminent harm due to the defendant’s actions.

For example, if a person brandishes a knife in a threatening manner during an argument, even without making physical contact, they could still be charged with assault with a deadly weapon. Similarly, if someone swings a bat at another person with the intent to intimidate or harm, they could face ADW charges even if they miss.

Because of the severity of this offense, ADW is considered a “wobbler” crime in California, meaning it can be charged as a misdemeanor or felony depending on the circumstances. Factors such as the type of weapon used, the extent of injuries, and the criminal history of the defendant can influence whether the case is prosecuted as a misdemeanor or felony, which significantly impacts the potential penalties.

Penalties for Assault with a Deadly Weapon in California

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 Assault with a Deadly Weapon Charges- PC 245(a)(1)

The prosecution must prove that you intended to use a deadly weapon to cause harm, and if any element of their case is weak, the charges may be reduced or dismissed. Depending on the circumstances, several legal defenses may apply.

One of the most effective defenses is self-defense. California law allows the use of reasonable force to protect yourself or another person from imminent harm. If you were attacked or genuinely believed that you were in danger, you may have been justified in using force. The key is demonstrating that your response was proportionate to the threat you faced.

False accusations are another common issue in ADW cases. Disputes, revenge motives, or misunderstandings can lead to wrongful charges. If the alleged victim has a history of dishonesty, or if there is no credible evidence supporting their claim, the charges may not hold up in court. Witness testimony, surveillance footage, and contradictory statements can help expose false allegations.

Lack of intent is also a strong defense. The prosecution must prove that you deliberately used a deadly weapon to cause harm. If the incident was an accident or there was no intent to cause injury, the charge may not be justified. For example, if you were holding an object for self-protection but never intended to use it as a weapon, your attorney can argue that the prosecution has failed to meet its burden of proof.

Additionally, if there was no actual use of a deadly weapon, the charges may be exaggerated. Prosecutors often overcharge defendants by classifying ordinary objects as weapons. If you did not use the object in a way that could cause great bodily harm, your defense attorney can argue that the charges should be reduced or dismissed.