Possession of a Deadly Weapon with Intent to Assault – California Penal Code 17500 PC

What Does California Penal Code 17500 PC Prohibit?

Penal Code 17500 makes it a crime to carry or possess a deadly weapon with the intent to assault another person. This offense focuses not on whether violence occurred, but rather on what the individual intended to do with the weapon.

In other words, you don’t have to injure anyone or even make physical contact to be charged under this law. Intent is the critical factor — and it can be inferred from your words, actions, or the circumstances surrounding your arrest.

Possession of a Deadly Weapon with Intent to Assault Under California Law

This statute is designed to prevent violent crimes by criminalizing the preparatory steps that suggest someone is planning to commit an assault. Law enforcement and prosecutors use it to intervene before violence actually occurs, particularly in high-conflict or high-risk situations.

To secure a conviction under PC 17500, the prosecution must prove two specific elements:

1. Possession of a Deadly Weapon

The defendant must have had physical possession or control over a weapon capable of causing great bodily injury or death. This includes not only firearms and knives, but also objects like metal pipes, baseball bats, screwdrivers, glass bottles, or any item that could be used to inflict harm.

2. Intent to Assault Another Person

The prosecution must show that the defendant had the specific intent to use the weapon to harm someone. This doesn’t require that the weapon was actually used — only that the accused planned or intended to use it unlawfully. Evidence of intent may include statements made during the incident, threatening behavior, or the context in which the weapon was carried.

The law clearly distinguishes between mere possession of a weapon and possession with malicious intent. For example, having a firearm for self-defense is fundamentally different from carrying it with the purpose of confronting or injuring another person.

Because these cases hinge on proving intent, they are often built around circumstantial evidence. That makes it especially important to have a skilled defense attorney who can challenge the prosecution’s narrative and protect your rights.

What Counts as a “Deadly Weapon”?

California law defines “deadly weapon” broadly. It includes not only firearms and knives, but also any object that can be used to inflict serious bodily injury. Examples include:

• Baseball bats

• Metal pipes

• Screwdrivers or sharp tools

• Glass bottles

• Brass knuckles

• Flashlights or heavy tools

• Rocks or blunt objects

You don’t have to be holding the weapon at the moment of arrest. If it was on your person, nearby, or in your vehicle during a tense situation, police may claim you intended to use it — and that can be enough for a PC 17500 charge.

Common situations that lead to these charges include:

• Heated arguments or neighborhood disputes

• Domestic incidents

• Road rage confrontations

• Gang-related stops

• Verbal altercations where someone calls the police

Sometimes, people are charged even when the situation was misunderstood or exaggerated. That’s why experienced legal representation is critical.

Penalties for Violating Penal Code 17500

Possession of a deadly weapon with intent to assault is a misdemeanor offense, but it carries serious consequences:

• Up to 6 months in county jail

• A fine of up to $1,000

• A criminal record for a violent or weapons-related offense

• Possible probation with terms such as counseling, community service, or mandatory classes

• Immigration consequences for non-citizens

• Long-term impact on employment or professional licensing

If you have prior convictions or are currently on probation or parole, prosecutors may take a more aggressive approach. The charge may also be filed alongside related offenses, such as assault, battery, or brandishing a weapon.

Defending Against a PC 17500 Charge in Los Angeles

Each case is different, and the right defense strategy depends on the specific facts of your situation. Our firm conducts a detailed review of the police report, witness statements, evidence, and how the weapon was discovered to determine the best path forward.

Common defenses to Penal Code 17500 charges include:

Lack of Intent: Carrying a weapon is not automatically illegal. If you had no intention to use it in a threatening or violent way, the prosecution may not be able to prove its case.

Illegal Search or Seizure: If the weapon was found during an unlawful stop or search, we can file a motion to suppress the evidence. If successful, this can lead to dismissal of the case.

Self-Defense or Defensive Intent: If you were carrying a weapon because you feared for your safety, and not to initiate violence, this may be a valid legal defense.

False Allegations or Misunderstandings: We’ve handled many cases where accusations were exaggerated, misleading, or made up entirely. Witness credibility can be challenged and inconsistencies exposed.

Our Los Angeles criminal defense attorney acts quickly to challenge weak charges and negotiate with prosecutors — often before the case ever reaches trial.

Arrested for Possession of a Deadly Weapon with Intent to Assault? Get Legal Help from a Los Angeles Criminal Attorney

If you’ve been arrested or charged with carrying a deadly weapon with intent to assault in Los Angeles, don’t wait to speak with a lawyer. These charges can move quickly, and what you say early on can be used against you in court.

At The Law Offices of Arash Hashemi, we’ve been representing clients in criminal court for over two decades. Attorney Hashemi knows the local courts, prosecutors, and how to defend against weapons allegations — especially those based on weak or exaggerated claims.

Our criminal defense attorney will personally sit down with you, review the details of your case, and walk you through your legal options. Whether you’re looking to avoid jail, fight for a dismissal, or protect your record, Attorney Hashemi is here to help.

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