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