--- title: "PC 245(a) - Assault With a Deadly Weapon or Firearm" description: "PC 245(a) assault with a deadly weapon/firearm: elements, wobbler penalties, strike consequences, and defenses under California law." url: "https://www.thehfirm.com/penal-codes/pc-245-a--assault-with-a-deadly-weapon-firearm" site: "H Law Group" --- # PC 245(a) - Assault With a Deadly Weapon or Firearm PC 245(a) assault with a deadly weapon/firearm: elements, wobbler penalties, strike consequences, and defenses under California law. Topics: Gun Crimes, Penal Code Penal Code 245(a) is one of the most heavily charged violent felony statutes in Los Angeles courtrooms, and it actually covers two different kinds of conduct people tend to lump together: assault with a weapon or object that isn't a gun, and assault with a firearm. Both can carry state prison time, and either one can end up counting as a strike on your record. Which subsection got charged, and whether anyone was actually hurt, changes the entire shape of the case. ## **What Penal Code 245(a) Actually Says** The two subsections filed most often are 245(a)(1), assault with a deadly weapon other than a firearm, and 245(a)(2), assault with a firearm: > "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment." (PC 245(a)(1)) > "Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment." (PC 245(a)(2)) Two related subsections cover more serious weapons. PC 245(a)(3) applies to assault with a machine gun, assault weapon, or .50 BMG rifle and is a straight felony carrying 4, 8, or 12 years in state prison. PC 245(b) covers assault with a semiautomatic firearm and carries 3, 6, or 9 years. Subsections (c) and (d) add enhanced penalties when the victim is a peace officer or firefighter performing official duties. ## **What Prosecutors Must Prove** To convict under PC 245(a), the prosecution has to prove each of these elements beyond a reasonable doubt: - You did an act that by its nature would directly and probably result in the application of force to someone else - You did that act willfully, meaning on purpose, not by accident - You were aware of facts that would lead a reasonable person to realize the act would probably result in force being applied - You had the present ability to apply force with the deadly weapon or firearm - If charged under (a)(2), the object used was in fact a firearm Assault under California law does not require that you intended to injure anyone, and it does not require that anyone was actually hurt. It's built around the act itself and your awareness of its likely consequences, not the outcome. ## **Misdemeanor, Wobbler, or Straight Felony?** PC 245(a)(1) and (a)(2) are both wobblers, meaning the district attorney can file them as a misdemeanor or a felony depending on your record, whether anyone was injured, and how the weapon was used. PC 245(a)(3) (machine guns, assault weapons, .50 BMG rifles) and PC 245(b) (semiautomatic firearms) have no misdemeanor option; they're always felonies. A felony filing exposes you to state prison and strike consequences. A misdemeanor filing caps exposure at one year in county jail, though a firearm charged under (a)(2) still carries a mandatory minimum of six months even as a misdemeanor. ## **Sentencing Enhancements and Strike Consequences** Beyond the base sentence, California law layers on enhancements that can add years to a prison term: - Great bodily injury enhancement (PC 12022.7): adds 3 to 6 years if the victim suffered significant physical injury - Firearm use enhancement (PC 12022.5): adds 3, 4, or 10 years for personally using a firearm during the offense - A felony conviction under PC 245(a) is a serious felony under Penal Code 1192.7(c), making it a strike under California's Three Strikes law and increasing punishment on any future felony ## **Firearm Rights After a Conviction** A felony conviction under PC 245(a) triggers a lifetime firearm ban under California law (Penal Code 29800) and federal law. Even a misdemeanor conviction under PC 245(a) can trigger a 10-year firearm prohibition under Penal Code 29805, which specifically lists assault with a deadly weapon or firearm among the qualifying misdemeanors. ## **Common Defenses to PC 245(a) Charges** - Self-defense or defense of another: force was used to stop an imminent threat, not to attack - Lack of present ability: the object could not actually have caused the harm alleged, or wasn't accessible or functional - Accident: the act wasn't willful, or you weren't aware of facts that made force probable - Mistaken identity or a false accusation, particularly in disputes with no independent witnesses - Insufficient evidence that the object involved qualifies as a deadly weapon under the statute - Unlawful search or seizure that led to discovery of the weapon ## **Related Firearm and Violent Offense Charges** PC 245(a) charges frequently overlap with other firearm statutes. Someone accused of assault with a firearm may also face charges under [PC 25850 (carrying a loaded firearm in public)](/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public) if the weapon wasn't lawfully carried, or [PC 29800 (felon in possession of a firearm)](/penal-codes/pc-29800-felon-in-possession-of-a-firearm) if they have a prior felony conviction. Threats made before or after the alleged assault can also lead to separate PC 422 criminal threats charges. ## **Frequently Asked Questions** ### Is assault with a deadly weapon always a felony in California? No. PC 245(a)(1) and (a)(2) are wobblers, so prosecutors can file them as misdemeanors or felonies depending on the facts and your record. Assault with a machine gun, assault weapon, or .50 BMG rifle under 245(a)(3), and assault with a semiautomatic firearm under 245(b), are always felonies. ### Is PC 245(a) a strike in California? When charged and convicted as a felony, PC 245(a) qualifies as a serious felony under Penal Code 1192.7(c), which makes it a strike under California's Three Strikes law. ### Do I need to have actually hurt someone to be convicted? No. Assault is defined by the act and your awareness that it would probably result in force being applied, not by whether an injury occurred. If someone was seriously injured, prosecutors typically add a great bodily injury enhancement under PC 12022.7 rather than change the underlying charge. ### Can a PC 245(a) charge be reduced? It depends on how the case was filed, your criminal history, and the strength of the evidence. Some cases resolve through negotiated pleas to lesser charges like simple assault (PC 240) or [exhibiting a deadly weapon (PC 417)](/penal-codes/pc-417-brandishing-a-weapon-or-firearm). An attorney who has reviewed the police report and evidence in your case can tell you what's realistic. ### Will I lose my gun rights if convicted? A felony conviction results in a lifetime firearm ban under state and federal law. Certain misdemeanor convictions under PC 245(a) also trigger a 10-year firearm prohibition under Penal Code 29805. For the full statutory text, see [Penal Code 245(a) on the California Legislative Information website](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=245.&lawCode=PEN). For general state firearm regulations, see the [California DOJ Bureau of Firearms](https://oag.ca.gov/firearms). ## Related California penal codes - [PC 25850 - Carrying a Loaded Firearm in Public](https://www.thehfirm.com/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public) - [PC 29800 - Felon in Possession of a Firearm](https://www.thehfirm.com/penal-codes/pc-29800-felon-in-possession-of-a-firearm) - [PC 422 - Criminal Threats](https://www.thehfirm.com/penal-codes/pc-422-criminal-threats) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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