Los Angeles Aggravated Assault Lawyers | Assault With A Deadly Weapon Defense
Violent crimes are prosecuted aggressively in Los Angeles and Southern California, and the criminal sentencing consequences are severe, especially in cases involving Aggravated Assault. Defined under PC 245, Aggravated Assault encompasses a wide range of more specific acts of felony assault ranging from Assault With Deadly Weapon under PC 245(a)1 to Assault With Firearm under PC 245(a)2. The punishment for a felony Aggravated Assault conviction can result in imprisonment and substantial fines, not to mention the rights and liberties you stand to lose by being categorized as a convicted felon. With so much at stake, protect yourself and your future by calling our Los Angeles Aggravated Assault lawyers now for a free case review. LA criminal defense attorneys Paul Takakjian and Stephen Sitkoff have each practiced criminal law for over 3 decades formerly as senior prosecutors and police instructors and since 1987, Aggravated Assault defense attorneys. Contact us now at (888) 579-4844 to learn how we can help.
The Difference Between Simple Assault And Aggravated Assault
A Simple Assault is described under California Penal Code statute 240 as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. No physical contact nor injury are required, and while Assault is typically charged as a misdemeanor, it can be prosecuted as a felony under California Penal Code 245 – Aggravated Assault if you are accused of committing an Assault with a deadly weapon, firearm, or by means likely to cause great bodily injury. As with misdemeanor Assault, Aggravated Assault does not require physical contact with another nor does it require injuries to the alleged victim. However, that is where the similarities between felony Aggravated Assault and misdemeanor Simple Assault end, as the punishments and consequences you face if convicted of Aggravated Assault are substantially more punitive than its misdemeanor counterpart. The following are specific Aggravated Assault crimes we have successfully defended over the last 3 decades:
- PC 245(a)(1) – Assault With A Deadly Weapon, which is committing an assault with a deadly weapon or instrument other than a firearm that is likely to cause “great bodily injury.”
- PC 245(a)(2) – Assault With A Deadly Weapon (Firearm), which is committing an assault upon another with a firearm.
- PC 245(a)(3) – Assault With A Deadly Weapon (Machine Gun), which is committing an assault with a machine gun or assault rifle.
- PC 245(a)(4) – Assault Likely To Cause Great Bodily Injury, which is committing an assault against another person by means of force likely to produce serious great bodily injury.
- PC 245(b) – Assault With A Deadly Weapon (Semi-Auto Firearm), which committing assault with a semi-automatic firearm.
- PC 245(c) – Assault With A Deadly Weapon Upon A Peace Officer, which is committing an assault upon a police officer, firefighter, process server, or EMT by means likely to produce great bodily injury.
Aggravated Assault in California
If you’re facing an aggravated assault charge in California, you need to know you’re looking at a severe offense. Depending on the nature of the charge, you could be looking at spending 4-12 years in a state prison, and the penalties could be even higher if you have a prior felony conviction on your record.
Essentially, aggravated assault covers assault with a deadly weapon or assault that’s likely to produce severe bodily harm. Before you face these charges, you need to know what you’re dealing with and secure an experienced attorney who can help protect your rights in a trial.
What Is Considered A Deadly Weapon?
In Los Angeles Aggravated Assault cases, a deadly weapon is considered an object or instrument capable of producing great bodily injury. A firearm, an ax, knife, baton, baseball bat, or even a motor vehicle can be considered deadly weapons. Also, the type of weapon used can influence the severity of the charge and penalties. For example, a firearm is reasonably viewed as a deadlier weapon compared to other instruments and objects. Therefore, Assault With Deadly Weapon charges involving firearms carry enhanced penalties.
What Is an Example of Aggravated Assault?
The most obvious example of aggravated assault is assault with an assault weapon , whether it’s a machine gun or a single-shot firearm. The difference between the two is stark, as an assault with a machine gun carries a stiffer penalty than other kinds of aggravated assault.
The main thing to know is that any kind of assault with a weapon that results in death or serious physical injury qualifies as aggravated assault. This can include brass knuckles, knives, or tools such as hammers. A motor vehicle isn’t considered a weapon in most people’s eyes, but if you use your car to try to run someone over or otherwise cause injury, it qualifies as aggravated assault.
What Penalties Exist for PC 245?
Per the California Penal Code, six types of aggravated assault charges are possible. Assault with a deadly weapon, assault with a non-automatic firearm, and assault likely to cause bodily harm carry the same penalties: up to 4 years in prison, probation, loss of gun rights and up to a $10,000 fine, and a felony conviction. If aggravated assault is carried out against an officer of the peace, the penalty increases to 5 years.
If an automatic weapon is used, penalties become even stiffer. Assault with a semiautomatic weapon carries a maximum sentence of 9 years and increases to 12 years for charges involving a fully automatic weapon.
What Legal Defenses Exist for PC 245?
Self-defense may be your best defense against aggravated assault. If there was reasonable doubt that you were in danger, you had the right to defend yourself.
Defending others is also a viable strategy. Again, you must have believed others faced a genuine risk of harm to use this defense.
If you need legal assistance, we can help. Call our legal team of experienced attorneys today for a consultation.
Penalties For Los Angeles Aggravated Assault Charges
The criminal sentence you face if charged with Aggravated Assault in Los Angeles depends on the circumstances of your case, such as whether you have a prior criminal record, are charged with a felony or misdemeanor Aggravated Assault, and which Aggravated Assault subsection you are prosecuted for. Here are the penalties you face if convicted of one of the following common Aggravated Assault charges:
PC 245(a)(1) – Assault With Deadly Weapon
- As a felony, up to 4 years in California State Prison
- As a misdemeanor, up to 1 year in LA County Jail
- Up to $10,000 fine
- Formal or informal probation
- Victim Restitution
- Loss of gun rights
- Anger management
- Community labor/service
PC 245(a)(2) – Assault With Firearm
- As a felony, up to 4 years in California State Prison
- As a misdemeanor, 6-month minimum sentence and up to 1 year in LA County Jail
- Up to $10,000 fine
- Formal or informal probation
- Victim Restitution
- Loss of gun rights
- Anger management
- Community labor/service
PC 245(a)(3) – Assault With A Machine Gun
- Up to 12 years in California State Prison
- Up to $10,000 fine
- Formal probation
- Victim Restitution
- Loss of gun rights
- Anger management
- Community labor/service
PC 245(a)(4) – Assault Likely To Produce Great Bodily Injury
- As a felony, up to 4 years in California State Prison
- As a misdemeanor, up to 1 year in LA County Jail
- Up to $10,000 fine
- Formal or informal probation
- Victim restitution
- Loss of gun rights
- Anger management
- Community labor/service
PC 245(b) – Assault With A Semi-Auto Firearm
- Up to 9 years in California State Prison
- Up to $10,000 fine
- Formal probation
- Victim restitution
- Loss of gun rights
- Anger management
- Community labor/service
PC 245(c) – Assault On Peace Officer With Deadly Weapon
- Up to 5 years in California State Prison
- Up to $10,000 fine
- Formal probation
- Victim restitution
- Loss of gun rights
- Anger management
- Community labor/service
Call Our Los Angeles Criminal Defense Lawyers Now For A Free Case Review
If you have been arrested or believe you may be a suspect in an Aggravated Assault investigation, please contact us now so that we may review your case details and advise you on your options. With over 70 years of combined criminal trial experience, our criminal defense attorneys have the expertise required to ensure you receive the best possible outcome and your case is fought on an even playing field. Mr. Takakjian is a former senior prosecutor with the Los Angeles District Attorney’s office and Board Certified Criminal Law Specialist, and Mr. Sitkoff is also a former senior prosecutor with the Los Angeles District Attorney’s office and former Superior Court Commissioner. Call us now at (888) 579-4844 for a FREE consultation to learn how we can help you.