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WobblerCalifornia · Penal Code § 245(a)

Assault with a Deadly Weapon

Trying to hurt someone with a weapon or with force likely to cause big injuries.

Can be charged as a felony OR a misdemeanor.

What the prosecutor must prove

They must prove every one of these. If one is missing, you should not be found guilty.

  1. 1You did something with a weapon, or with strong force, that would likely hurt someone.
  2. 2You did it on purpose.
  3. 3You knew facts that would make a normal person see the danger.
  4. 4You were able to use that force.

Possible punishment

Misdemeanor: up to 1 year jail. Felony: 2, 3, or 4 years in prison.

Good to know: Felony version with a weapon is a strike.