California Penal Code 245(a)(1) – Assault with a Deadly Weapon (ADW)

Overview

California Penal Code 245(a)(1) PC makes it a crime to assault another person with a deadly weapon—such as a knife, bat, vehicle, or any object capable of causing great bodily injury. This is a strike offense and a wobbler, meaning it can be charged as a misdemeanor or felony.

Assault with a deadly weapon is often overcharged, especially in bar fights, domestic disputes, or altercations involving objects that aren’t traditionally weapons. At Jones Trial Attorneys, we break down the facts, expose inconsistencies, and build a defense designed to protect your record, your freedom, and your future.

Legal Definition

Penal Code § 245(a)(1) states:

“Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished… accordingly.”

A deadly weapon includes:

• Knives or sharp objects

• Baseball bats or blunt objects

• Vehicles used to intimidate or harm

• Tools or glass bottles

• Any object used in a way that’s likely to cause serious injury

Elements of the Crime

To convict someone of PC 245(a)(1), the prosecution must prove:

1. You committed an assault on another person;

2. You used a deadly weapon or instrument other than a firearm;

3. You acted willfully and with the present ability to carry out the threat;

4. You did not act in self-defense or defense of others.

No injury is required—only the attempt or threat using a deadly weapon.

Penalties for Assault with a Deadly Weapon

PC 245(a)(1) is a wobbler, meaning it may be filed as a misdemeanor or felony.

Misdemeanor Penalties

• Up to 1 year in county jail

• Misdemeanor probation

• Fines up to $1,000

• Restraining orders or anger management

Felony Penalties

• 2, 3, or 4 years in state prison

• Up to $10,000 in fines

• Formal probation (or mandatory time if enhancement applies)

• Strike under California’s Three Strikes Law

Enhancements apply if the victim is a:

• Police officer

• Firefighter

• Protected public official

Defenses to PC 245(a)(1) Charges

These cases often rely on conflicting statements and emotional reactions. Common defenses include:

• Self-defense or defense of others – You were protecting yourself from an immediate threat

• Not a deadly weapon – The object wasn’t used in a deadly manner

• No intent – The conduct was accidental, not intentional

• False accusation or exaggeration – Especially in domestic or emotionally charged situations

• Mutual combat – Both parties engaged willingly

We work quickly to obtain video footage, eyewitness accounts, and 911 transcripts to dismantle the state’s version of events.

Immigration and Employment Consequences

PC 245(a)(1) is considered a violent crime and crime of moral turpitude, which can lead to:

• Deportation or denial of immigration relief

• Loss of state licenses

• Ineligibility for public jobs or housing

We build custom defense strategies to avoid long-term collateral damage for non-citizens and working professionals.

Related Offenses

• PC 245(a)(4) – Assault with Force Likely to Cause GBI

Charged when no weapon is used

• PC 243(d) – Battery Causing Serious Injury

When actual harm occurs

• PC 422 – Criminal Threats

Often charged alongside ADW for verbal threats

How Jones Trial Attorneys Can Help

These cases are highly fact-specific—and we know how to dig into every detail. From object classification to surveillance angles to self-defense law, we use every available tool to cast doubt and defend your side of the story.

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