Assault With A Deadly Weapon (Penal Code 245(a)(1))

Assault is a crime where the accused person puts the victim in reasonable fear of bodily injury. The person charged with this offense does not have to have physical contact with the victim.

An example of Assault with a Deadly Weapon is: if a person points a gun (or other dangerous weapon- such as a knife, or a baseball bat) at another person then he can be charged with assault with a deadly weapon. Even if the gun was not loaded, or the person holding the gun or knife had no intention of using the weapon, he/she can still be charged if the victim was in reasonable fear as a result of the person pointing the gun at him.

Assault with a deadly weapon can cause a person to be imprisoned for up to 4 years or more depending on the weapon. Assault with a deadly weapon can also be a “strike” offense. It should be noted that a person can be charged with assault with a deadly weapon even if the weapon is their automobile.

 

Contact Orange County criminal defense attorney for help with assault with a deadly weapon or any other criminal matter.