Under California Penal Code Section 245, it is unlawful to use a deadly weapon or force likely to produce great bodily injury during an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. In other words, it is illegal to commit attempt to injure or hurt someone with deadly weapon.
Assault with a deadly weapon is more commonly known as aggravated assault. If you are convicted of this crime, the punishment crime can be severe. That is why it is important that you contact an experienced criminal defense attorney if you have been charged with assault with a deadly weapon under PC 245.
Prosecution of Assault with a Deadly Weapon
- The victim feared or expected that you were going to use force likely to produce great bodily injury or death
- You had the present ability to use force likely to produce great bodily injury or death, and
- You used a deadly weapon likely to produce great bodily injury or death
The prosecution must be able to prove all of the elements listed above to convict you of aggravated assault. If the prosecution cannot prove any of these elements, then you cannot be convicted under this section.
Defense to PC 245 Charges
An aggravated assault defense lawyer will argue that the prosecution cannot meet all of the elements of the offense. Depending on the facts of your case, your attorney may be able to raise the following defenses:
Lack of Voluntary Act– Any evidence that shows your actions were by accident, mistake, or through carelessness may prove that you did not intend to commit the act. If you did not act voluntarily, you cannot be found guilty of assault with a deadly weapon.
Factual Impossibility – Your attorney might be able to argue that it was factually impossible for you to commit assault because you had no present ability to commit one. For example, your attorney could argue that at the time of the alleged assault, you had no ability to actually cause harm to another person because of an injury or disability.
Self Defense – If your attorney raises this defense, you are claiming that your actions are justified because you acted to protect yourself or another person from harm. This defense requires that:
- You reasonably believed that you or another person was in imminent danger of suffering bodily injury
- You reasonably believed that immediate force was necessary to avoid the threat, and
- The force you used to defend yourself was proportional to the threat posed
Call the Criminal Defense Attorneys at Wallin & Klarich
If you have been arrested for assault with a deadly weapon, you need to speak to an experienced criminal defense attorney immediately. At Wallin & Klarich our skilled attorneys have over 30 years of experience successfully defending our clients facing assault with a deadly weapon charges. We have helped thousands of clients in their time of legal need, and we can help you now.
We have offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. Wherever you live or work, you can find an experienced Wallin & Klarich criminal defense attorney available to help you.
Call us at (888) 280-6839 for a free telephone consultation. We will get through this together.