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

California Penal Code 245 PC — Assault with a firearm. (“(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, or a .50 BMG rifle, as defined in Section 12278, 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.”

CALJIC 9.02.1 — Assault with a firearm. (“In order to prove this crime [that is, assault with a firearm], each of the following elements must be proved: [1] A person was assaulted; and [2] The assault was committed with [a machinegun] [an assault weapon] [a semiautomatic firearm] [a .50 BMG rifle].”

California Penal Code 12021 — Felon with a firearm. (“(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6 [which includes violations of California’s assault with a firearm law]…and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony…(c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of…[California Penal Code] 245…and who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.”

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