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Assault with a firearm charges are covered under California Penal Code Section 245(a)(2). Attach another file if needed. When driving a motor home, it is treated as a motor vehicle and all requirements listed above apply. (“(a)(1) Any person who has been convicted of a felony [such as felony assault with a firearm] 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 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.”), Penal Code 1192.7(c) PC – Legislative intent regarding prosecution of violent sex crimes; plea bargaining; limitation; definitions; amendment of section. These include the following: The “application of force” means any harmful or offensive touching. The legal definition of California assault with a deadly weapon, Penal Code 245(a)(2) PC, consists of the following “elements of the crime”: These “elements” are the facts that the prosecutor must prove in order for you to be guilty of this offense. Copyright © 2021 Shouse Law Group, A.P.C. DUI arrests don't always lead to convictions in court. See also Penal Code 672 PC – Offenses for which no fine prescribed; fine authorized in addition to imprisonment. A criminal record can affect job, immigration, licensing and even housing opportunities. For questions about Penal Code 245(a)(2) PC assault with a firearm, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group. Simply put, this charge requires that you made an unlawful attempt, coupled with the present ability, to commit a violent injury on another with the use of a firearm. Under California law, “assault” is described as unlawfully attempting to commit an injury on another person when you have the ability to carry it out. The assault is alleged to have been committed with a “deadly weapon” other than a firearm; or. In California, PC 245(a)(2) Assault with a Firearm is a wobbler, meaning it can be EITHER a . An attempted murder conviction can lead to anywhere from fifteen (15) years to life in prison.47. He waves it at their neighbor and tells him to “back off.” He never takes the safety off. Code, § 245.) California Penal Code Section 245(a)(1), et seq. Are there similar crimes a prosecutor can charge a person with? 4. Criminal Defense » Penal Code » 245a2 PC - Assault with a Firearm » 245a2 PC - Assault with a Firearm. Code, §§ 240, 245(a)(1)-(4), (b)) - Free Legal Information - Laws, Blogs, Legal Services and More This book will help. This book explores, explains, and summarizes the firearm laws affecting firearm owners in California, and warns about common legal "traps" that California firearm owners often unintentionally fall into. However, it is still legal for gun enthusiasts to own an assault rifle if they purchased their weapon prior to the passing of the new gun restrictions. The 36-year-old faces up to 75 years to life at his Nov. 2 sentencing. Criminal Defense for Assault with a Firearm Cases How can a defense attorney fight the charges? But assault with a firearm is always a California felony if it is carried out with a machine gun, assault weapon, .50 BMG rifle, or semiautomatic firearm. The assault may take the form of pointing the firearm at the victim, striking or “pistol-whipping” the victim, firing the gun at the victim, or actually shooting the victim. A conviction for assault with a firearm is considered a "strike" under California's Three Strikes Law and can be used to increase penalties on future convictions. Code, § 240). Van Nuys Superior Court – Assault with a firearm and felony threats charges will be dismissed after completion of therapy program: Our client, a licensed pharmacist was charged with threatening to kill a friend at gunpoint. He tells Keith to go to the other end of a clearing to look for deer tracks and then fires his gun in that direction (though not directly at Keith). (“(a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony [such as assault with a firearm] shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense. This offense is a wobbler which means you could be charged with either a felony or misdemeanor. ("(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 . PC 245(a)(1) assault with a deadly weapon, California’s firearms sentencing enhancement, California’s “felon with a firearm” law (Penal Code 29800 PC), Penal Code 245(a)(1) PC assault with a deadly weapon, Penal Code 244 PC assault with caustic chemicals, Penal Code 217.1 PC assault on a public official, Nevada “assault with a deadly weapon” laws, Los Angeles County Deputy District Attorney. Our client will also have the misdemeanor weapons charge dismissed, with no conviction on their record, after completion of therapy sessions. The history of California's assault weapons ban is also the story of a cat-and-mouse game between Sacramento and gun makers and owners. Assault With Deadly Weapon or Force Likely to Produce Great Bodily Injury (Pen. Mike may be guilty of assault for pulling the BB gun—but he would not face penalties for assault with a firearm, because under California law, a BB gun does not qualify as a firearm. 4000 MacArthur Blvd. If the judge grants your petition, the felony will be reduced to a misdemeanor “for all purpose” thus relieving you from ever having to disclose that you’ve been convicted of a felony. Assault with a Deadly Weapon (not a firearm) California Penal Code Section 245. When you acted, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in the application of force to another; 4. After his college’s football team loses a game, Mike gets involved in a verbal altercation with fans of the other team in the parking lot outside the stadium. The slightest touching will count if it is done in a rude or offensive manner.13, A California assault with a firearm can occur even if the touching involved did not or could not cause any sort of injury.14, And note that you don’t need to actually have succeeded in applying force to the other person. In order to fight charges of assault with a firearm, you and your criminal defense attorney may want to use one of the following common legal defenses: In order to help you better understand California “assault with a firearm” laws, our criminal defense attorneys will address the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. East Tower Suite 615 Court of Appeal Case(s): A049476 Number of Exhibits: 1 To obtain reduction, a specific petition must be filed after you’ve successfully completed your probation period. For this reason, it sometimes makes sense to try to get an attempted murder charge reduced to assault with a firearm. For more information on assault with a handgun, semi . We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. On one trip, Jim decides to have a little fun with Keith, a new employee who has never hunted before. The state Attorney General's Office on Monday, Aug. 9, charged fired Los Angeles policeman Salvador Alejandro Sanchez with voluntary manslaughter and two counts of assault with a semiautomatic . Finally, California's firearms sentencing enhancement under Penal Code Section 12022.5 applies to assault with a firearm charges under Penal Code Section 245(a)(2). The Judge ordered the police to seal and destroy all police reports of the incident pursuant to California Penal Code Section 851.8. The book includes an analysis of the constitutionality of many recommended policies and data from a national public opinion poll that reflects support among the majority of Americans—including gun owners—for stronger gun policies. So if you are convicted of California Penal Code 245(a)(2) as a felony, then you will most likely not be allowed to own firearms after you complete your sentence, thanks to California’s “felon with a firearm” law (Penal Code 29800 PC).31. And the potential state prison sentence will be: As if the above sentences weren’t enough, California’s firearms sentencing enhancement (Penal Code 12022.5 PC) also applies to Penal Code 245(a)(2) PC assault with a firearm.28. The defendant knew or reasonably should have known that the victim was a peace officer or firefighter engaged in the performance of his/her duties. Legal penalties are more severe if you used an assault weapon, such as a semiautomatic firearm, machine gun, or 50 BMG rifle. (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. If convicted, the California state prison sentence will increase. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights ... Examines the impact of gun control measures, including a firearms ban on reducing the incidence of violent crime and accidental shootings in Hawaii. You do not need to have intended to. Under PC 245(d)(1), you could face up to four, six, or eight years in State Prison. For more information about expunging your criminal record, contact the Law Offices of John D. Rogers. Anytime 24/7, *Dmitry Gorin, A Professional Corporation Being accused or arrested for a crime does not necessarily mean you will be convicted in court. (“(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 deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.”), Penal Code 29800 PC – Specified convictions; narcotic addiction; restriction on firearm possession; punishment. Fresno Man Previously . According to California Penal Code Section 245, an aggravated assault charge may also be levied against an individual if the assault was committed with a firearm or a deadly weapon of another sort. In 2020 the California legislature passed Senate Bill 118 expanding the definition of "assault weapon" to include a category of "other assault weapons." Recently, the California . California Laws Regarding Private Gun Transfers. If the firearm was an “ordinary” or “generic” firearm—that is, not one of the special types listed below—then PC 245(a)(2) is a “wobbler.” This means that the prosecutor may charge it as either a misdemeanor or a felony, depending on: If it is charged as a misdemeanor, assault with a generic firearm carries the following penalties: And if it is charged as a felony, assault with a generic firearm is punishable by: Assault with a firearm is always a felony, though, if the assault is alleged to have involved any of the following: And in this case, the potential felony state prison sentence increases to: The penalties for assault with a firearm will increase if: In this case, the offense will always be a felony. Our lawyers might able to prove you were falsely accused and wrongfully arrested. It is illegal to carry a firearm without a permit, even in a locked container in your car, for general purposes such as self-defense. . The maximum county jail sentence is either six (6) months or one (1) year, depending on the circumstances of the offense.44. Under Penal Code 245(a)(2) PC, California law defines assault with a firearm as assaulting a victim by using a pistol, rifle, shotgun, semiautomatic firearm, machine gun, .50 BMG rifle or assault weapon.The assault may take the form of pointing the firearm at the victim, striking or "pistol-whipping" the victim, firing the gun at the victim, or actually shooting the victim. assault with a firearm california. “Ordinary” firearms (pistols, rifles, shotguns); Semiautomatic firearms (firearms that extract a fired cartridge and chamber a fresh cartridge with each pull of the trigger); Machine guns (weapons that fire more than one shot with a single pull of the trigger); .50 BMG rifles (centerfire rifles that can fire .50 BMG cartridges); and, The circumstances of the offense (e.g., whether the alleged victim suffered any injury); and/or, At least six (6) months and up to one (1) year in county jail; and/or. IMG NRA-ILA. The neighbor is well over six feet tall and two hundred fifty pounds. We will contact you, if we can work on your case. If you are facing charges of assault with a firearm, in violation of California Penal Code Section 245(a)(2), call the Los Angeles criminal defense lawyers at Eisner Gorin LLP immediately. If you are facing criminal charges, DON'T talk to the police first. To obtain an expungement for Assault with a Firearm, you must be finished with your probation period. : "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm 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 . In California, what is the statute of limitations on the following charges? Your email address will not be published. The State of California has dedicated California Penal Code Section 240 to defining assault and outlining its potential penalties. 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