What is PC 245(a)(2) Assault with a Firearm?
Assault with a firearm charges fall under California Penal Code Section 245(a)(2). This is a different type of assault offense that the prosecutor may file if you allegedly used a firearm during an assault.
It's quite similar to assault with a deadly weapon under California Penal Code Section 245(a)(1).
Still, the key difference is that the alleged assault involved a "deadly weapon" other than a firearm, and it was carried out with enough force to cause great bodily injury potentially.
Understanding that 'assault' involves unlawfully trying to cause injury without actual harm can help the audience feel more informed and prepared to navigate charges.
In fact, merely pointing a loaded firearm at someone can be enough to justify charges under PC 245(a)(2).
A typical example of a firearm assault involves two individuals who argue in a bar, then agree to settle the dispute in the parking lot. Once there, one person retrieves a gun from their vehicle and brandishes it, pointing it at the other.
Definition of Assault with a Firearm
Under California Penal Code Section 245(a)(2), assault with a firearm is defined as "Anyone who commits an assault on another person with a firearm shall be punished by imprisonment in a California state prison for 2, 3, or 4 years, or in county jail for no less than 6 months, but not more than 1 year, or by both a fine up to $10,000 and imprisonment."
As mentioned earlier, an "assault" involves an unlawful attempt, with the ability, to inflict violence on someone.
A "firearm" is defined by California Penal Code Section 12001 as any device intended for use as a weapon that can expel a projectile through a barrel. This includes handguns, shotguns, revolvers, rifles, and any other types of guns.
Clearly, the distinction between assault with a firearm and simple assault hinges on the use of a "firearm," as outlined in this definition. California Penal Code 16520 PC defines the term firearm under California law.
What Must Be Proven to Convict?
Knowing that prosecutors must prove all elements beyond a reasonable doubt can reassure the audience about the fairness of the legal process and the need for expert legal assistance. To convict, the following must be proven:
- You behaved with a firearm in a way that could reasonably lead to applying force on someone else.
- Your action was deliberate and purposeful.
- When you acted, you knew that a reasonable person would believe your actions could directly and likely lead to the use of force against that individual.
- When you acted, you possessed the capacity to use force with the firearm.
The term "application of force" refers to any harmful or offensive contact. As mentioned earlier, PC 245(a)(2) does not necessitate that the touching result in physical injury.
Usually, the firearm must be loaded to substantiate assault with a firearm charges. Because the prosecution must prove all elements of the crime beyond a reasonable doubt, it is crucial to have experienced legal representation.
If the prosecutor cannot establish each element, you should not be convicted.
What are the Related CA Offenses?
- Penal Code Section 240 - Simple Assault
- Penal Code Section 245(a)(1) - Assault with a Deadly Weapon
- Penal Code Section 417 - Brandishing a Weapon
- Penal Code Section 664/187 - Attempted Murder
- Penal Code Section 217.1 - Assault on a Public Official
- Penal Code Section 17500 - Possess a Deadly Weapon
Under California Penal Code Section 667.5, certain offenses are classified as “violent felonies,” which trigger enhanced penalties, longer prison terms, and restrictions on early release.
What are the Possible Penalties?
Assault with a firearm under Penal Code Section 245(a)(2) is classified as a "wobbler," giving the prosecutor the choice to charge it as either a misdemeanor or a felony.
The severity of the charge and legal penalties depend on the type of firearm used and your criminal record. The possible penalties include:
- For a regular firearm, you're likely facing misdemeanor charges. A conviction could result in 6 months to 1 year in county jail, a fine up to $1,000, or both.
- If convicted of a felony assault with a firearm in California, the penalties can include up to 4 years in state prison, a maximum fine of $10,000, or both imprisonment and a fine.
Legal penalties vary depending on the firearm involved, and, for example, using an assault weapon like a semiautomatic firearm or a .50 BMG rifle results in the charge always being classified as a felony, which can lead to longer prison sentences and more severe penalties.
Additionally, if the victim was a law enforcement officer or firefighter performing their duties, your firearm assault case will always be classified as a felony.
Lastly, California's firearm sentencing enhancement under Penal Code Section 12022.5 applies to assault with a firearm charges under Penal Code Section 245(a)(2).
Legal Defenses Against Assault with a Firearm
Our California criminal defense lawyers can employ a variety of legal defense strategies to challenge charges of assault with a firearm. These include:
- The act was not willful: A conviction for assault with a firearm requires a deliberate act against someone else. In certain situations, our lawyers may be able to show that your actions were not willful, potentially helping you avoid a conviction. For instance, you could have been careless without intending or acting aggressively with the firearm.
- Self-defense: In certain cases, our attorneys may be able to demonstrate that you were acting in self-defense or defending others. Under California law, you have the right to protect yourself if you reasonably believe you or someone else is in imminent danger of bodily harm, and you feel compelled to use force to prevent it, using no more force than necessary.
- False accusation: It's important to emphasize again that assault with a firearm charges do not require the victim to be injured. As a result, false accusations motivated by jealousy, revenge, or anger are not uncommon. Our lawyers may be able to demonstrate that you were falsely accused and wrongfully arrested.
If you are charged with assault using a firearm under California Penal Code Section 245(a)(2), contact the Los Angeles-based criminal defense law firm at Cron, Israels & Stark. We will carefully assess your case to explore your legal options.