Understanding Assault With a Deadly Weapon Under California Law

Under California Penal Code 245(a)(1), Assault With a Deadly Weapon occurs when a person:

• Attempts to cause physical harm to another person, and
• Uses a deadly weapon or force likely to cause great bodily injury.

Key Facts About Assault With a Deadly Weapon Charges in California

• A deadly weapon can be a gun, knife, bat, vehicle, or any object used in a way that could cause serious harm.
• Physical contact is not required—you can be charged even if no one was injured.
• ADW is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony.
• A conviction can lead to years in prison, large fines, and a strike under California’s Three Strikes Law.

Assault With a Deadly Weapon – First Offense

For a first-time offender, penalties depend on several factors, including:

• The type of weapon used (for example, a firearm carries more severe penalties than a blunt object).
• Whether the alleged victim was injured.
• The circumstances of the case, such as self-defense or mutual confrontation.
• The defendant’s criminal history.

Even a first-time ADW charge can result in a felony conviction, which carries severe long-term consequences, including loss of firearm rights, difficulty securing employment, and potential immigration consequences for non-citizens. If this is your first offense, Attorney Hahsemi may be able to negotiate for reduced charges, probation, or even case dismissal.

Penalties for Assault With a Deadly Weapon in California

Depending on the circumstances, ADW can be charged as a misdemeanor or felony. If a firearm is involved, penalties increase significantly, including potential mandatory prison sentences.

Misdemeanor ADW (PC 245(a)(1))

• Up to one year in county jail
• Fine of up to $1,000
• Misdemeanor probation

Felony ADW (PC 245(a)(1))

• Two, three, or four years in state prison
• Fine of up to $10,000
• Formal felony probation
• Strike under California’s Three Strikes Law

Legal Defenses Against Assault With a Deadly Weapon Charges

A skilled Los Angeles assault with a deadly weapon lawyer can make all the difference in your case, potentially leading to reduced charges or even a dismissal. Possible defenses include:

• Self-Defense or Defense of Others – California law allows individuals to protect themselves or others if they are in imminent danger. If you acted to prevent harm, ADW charges may not apply.
• False Accusations – Many ADW cases stem from false reports, personal disputes, or misunderstandings. Witness credibility and evidence inconsistencies can be challenged in court.
• Lack of Intent – The prosecution must prove you acted willfully. If the act was accidental, it does not qualify as ADW.
• The Object Was Not a Deadly Weapon – Some objects are wrongly classified as “deadly weapons” when they were not used in a way that could cause significant harm.
• Insufficient Evidence – If the prosecution cannot prove every element of the charge beyond a reasonable doubt, the case may be dismissed.

How a Los Angeles Assault With a Deadly Weapon Lawyer Can Help

Attorney Hashemi takes an aggressive and strategic approach to defending clients facing assault with a deadly weapon (ADW) charges. Every case is unique, and our legal team carefully examines the facts to identify weaknesses in the prosecution’s argument. We thoroughly investigate the evidence, review police reports, and analyze witness statements to build a strong defense.

A key part of our defense strategy involves cross-examining witnesses to expose inconsistencies or false accusations. Many ADW cases stem from misunderstandings, exaggerations, or even wrongful allegations, and we work to uncover the truth. In addition, we negotiate with prosecutors to reduce or dismiss charges whenever possible, leveraging our deep knowledge of California criminal law to pursue the best legal outcome for our clients.

If your case proceeds to trial, we are fully prepared to present a strong and aggressive defense in court. Whether it involves arguing for self-defense, challenging the classification of a “deadly weapon,” or proving a lack of intent, we fight tirelessly to protect your rights. Our goal is always to secure the best possible result, whether that means getting charges dismissed, reducing penalties, or achieving an acquittal.

Case Results: Successful ADW Defense

Felony Assault With a Deadly Weapon Charges Dismissed

Our client was charged with felony Assault With a Deadly Weapon under PC 245(a)(1) after an alleged altercation involving a blunt object. The prosecution was prepared to seek a lengthy prison sentence. After a thorough investigation, we presented evidence that our client acted in self-defense and that the alleged “weapon” was not used to cause harm.

Result: Case dismissed. No jail time. No criminal record.

Experienced Los Angeles Criminal Defense Attorney for Assault With a Deadly Weapon Charges

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against assault with a deadly weapon and other violent crime charges. Attorney Hashemi knows how to challenge weak evidence, expose false accusations, and build a strong defense to protect your rights. Every case is unique, and the right defense strategy can mean the difference between a conviction and a favorable outcome.

Depending on the details of your case, we may be able to negotiate a reduction in charges, seek a case dismissal, or take your case to trial to fight for the best possible result. The sooner you take action, the more legal options may be available.

Schedule a Free Consultation

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If you or a loved one has been charged with assault with a deadly weapon, do not wait to seek legal representation. Protect your future—contact us today.