Recent Results:

Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

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Assault with a Deadly Weapon: CA Penal Code 245

Being charged with aggravated assault (also known as assault with a deadly weapon), is a serious criminal charge. Since assault with a deadly weapon is a "strike" crime, even first convictions can result in severe penalties and increased mandatory imprisonment in the future. As a result, you will need a California defense attorney who will fight for your rights - and your future.

At the Law Offices of David S. Chesley, our attorneys have the experience and dedication needed in order to defend against this type of charge or any other criminal charge. When it comes to Criminal Defense, we are the best in Southern California.

Assault with a Deadly Weapon

According to California law, assault with a deadly weapon (CA Penal Code 245) is generally defined as assault using a weapon or enough force to likely to cause great bodily injury to another person. What makes this charge so dangerous is that prosecutors only need to show that your actions were likely to cause harm to another person - even if you did not actually harm that person or use a "traditional" weapon. Hands and feet can be a "deadly weapon." So can innocuous items like a shower curtain rod. If a reasonable person would believe that your actions would directly and probably cause extreme harm to another person, then you may be found guilty of assault with a deadly weapon.

Common Deadly Weapons

In the State of California, a deadly weapon is defined as any object or weapon that is inherently deadly or dangerous or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury. Examples of deadly weapons include (but are not limited to):

  • Guns
  • Semiautomatic Firearm
  • Machine Gun
  • A .50 BMG Rifle
  • A Stun Gun or Taser
  • Knives
  • Box Cutters
  • Tire Iron
  • Flame throwers
  • Fists
  • Feet
  • and More...

Assault with a Deadly Weapon Penalties

If you are found guilty of assault with a deadly weapon, you may be charged with a felony and as a result, can spend years in prison. In addition, you will carry a "strike" on your record which may cause greater penalties and prison time later on in life. While every assault with a deadly weapon case is different, the penalties are often strict and severe - even for first time offenders.

Assault with a Deadly Weapon - Against Civilians

Assault with a deadly weapon or firearm: 2, 3 or 4 years imprisonment in the state prison ( for a felony) or in a county jail 6 - 12 months and a fine less than $10,000 ( for a misdemeanor)

Assault with a machine gun or assault rifle: 4, 8 or 12 years imprisonment in the state prison

Assault with a semiautomatic firearm: 3, 6 or 9 years imprisonment in the state prison

Assault with a Deadly Weapon - Against Peace Officers or Firefighters

Assault with a deadly weapon: 3, 4 or 5 years imprisonment in the state prison

Assault with a firearm: 4, 6 or 8 years imprisonment in the state prison

Assault using a semiautomatic weapon: 5, 7 or 9 years imprisonment in the state prison

Assault using a machine gun or assault rifle: 6, 9 or 12 years imprisonment in the state prison

Winning the Assault with a Deadly Weapon Conviction

An assault with a deadly weapon charge is a serious offense. Even if you did not actually harm another person, you may still be found guilty of assault with a deadly weapon. Prosecutors are not required to prove that you touched or harmed another person - merely that your actions were likely to cause harm. As a result, you will need an experienced and aggressive California defense attorney on your side. Your defense attorney will need to review all aspects of your case to determine the best way to protect your rights in court. If self-defense was a motive for your actions, the attorneys at Law Offices of David S. Chesley, Inc. may be able to have the assault with a deadly weapon charges dropped altogether.

If you are arrested for assault with a deadly weapon, it is important to remember that you are not alone. The attorneys at the Law Offices of David S. Chesley, Inc. may be able to negotiate reduced charges, limited or no jail time, or a dismissal of the charges on your behalf. Since a felony conviction can lead to years of aggravation and lost opportunities, we fight aggressively for you, even if it means going to trial to protect your rights and your life.

If after reading this you have any more question or concerns, contact the our expert attorneys, we offer a free consultation and our lines are open 24 hours a day, 7 days a week.

CA Penal Code 245

245.  (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury 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.
   (2) 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 both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
   (3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, shall be punished by imprisonment in the state prison for 4, 8, or 12 years. 
   (b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.
   (c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
   (d) (1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for four, six, or eight years.
   (2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.
   (3) Any person who commits an assault with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.
   (e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemeda nuisance, and it shall be confiscated and disposed of in the manner provided by Section 12028.
   (f) As used in this section, "peace officer" refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

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Office Locations

Main Office:
Law Offices of David S. Chesley, Inc.
A Professional Law Corporation
4533 Van Nuys Boulevard, Second Floor
Sherman Oaks, CA 91403

Additional offices in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura.

 
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