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If you have been arrested for the crime of Assault with a Deadly Weapon (ADW), contact experienced criminal defense lawyer Max Gorby at (323) 477-2819.

California Penal Code 245(a)(1) — Assault with deadly weapon [ADW] or force likely to produce great bodily injury; punishment. (“(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.”

CALJIC 9.02 — Assault With a Deadly Weapon [ADW] or by Means of Force Likely to Produce Great Bodily Injury or With Firearm. (“In order to prove this crime, each of the following elements must be proved: [1] A person was assaulted; and [2] The assault was committed [with a deadly weapon or instrument, other than a firearm] [or] [by means of force likely to produce great bodily injury] [with a firearm].”

California Criminal Jury Instruction 875 — Assault With Deadly Weapon [ADW] or Force Likely to Produce Great Bodily Injury. (“[The People are not required to prove that the defendant actually touched someone.]” and “No one needs to actually have been injured by defendant’s act. ”

“The hand or foot cannot be a weapon, as used in Penal Code § 245(a)(1) [assault with a deadly weapon]. The term “deadly weapon” implies an object extrinsic to the body. However, the use of hands or feet may constitute an assault by means of force likely to produce great bodily injury.”

California Penal Code 12022.7 PC — California Three Strikes Law, violent felonies. Terms of imprisonment for persons inflicting great bodily injury while committing or attempting felony. (“(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony [including a California ADW] shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony [including a California assault with a deadly weapon] which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature, shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. (c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony [including California Penal Code 245(a)(1)] shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. (d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. (e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony [including a California ADW] shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.”) See also California Penal Code 667.5 — Prior prison terms; enhancement of prison terms for new offenses. (“(c) For the purpose of this section, “violent felony” shall mean any of the following: (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice…”) See also California Penal Code 667 — Habitual criminals; enhancement of sentence; amendment of section (otherwise known as California’s Three Strikes Law). (“(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses.”

Penal Code 245(a)(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.”

California Penal Code 245(d) ADW upon a peace officer. (“(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 [California Penal Code section] 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, 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.”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section 245 Assault with a Deadly Weapon.