Facing aggravated assault charges in California is a serious matter. These charges can lead to lengthy prison terms, steep fines, and permanent damage to your personal and professional life. While simple assault is typically prosecuted as a misdemeanor, aggravated assault—commonly known as assault with a deadly weapon or assault likely to produce great bodily injury under Penal Code § 245—is a far more severe offense.
At Carolyn L. Oliver | Criminal Defense Law Firm, we have extensive experience defending individuals accused of aggravated assault throughout San Diego County and across California. Below, we break down what qualifies as aggravated assault under California law, what penalties you may face, and how a strong defense can protect your rights.
What is Aggravated Assault Under California Law?
Under California Penal Code § 245, aggravated assault includes any assault committed in a way that poses a heightened risk of serious harm to another person. While simple assault involves merely an attempt to apply force, aggravated assault involves:
- Using a deadly weapon or instrument
- Using a firearm (with enhanced penalties for certain firearm types)
- Using force likely to produce great bodily injury
- Assaulting protected individuals such as peace officers or firefighters
Importantly, no actual injury is required for a conviction—only that your actions could have caused serious bodily harm.
Types of Aggravated Assault Under PC § 245
Assault with a Deadly Weapon (PC § 245(a)(1))
Applies when someone assaults another with an object capable of causing death or serious injury. Examples include:
- Knives, broken bottles, bats, or crowbars
- Vehicles used recklessly
- Blunt objects like hammers or flashlights
- Even common items like chairs, scissors, or dogs trained to attack
The critical element is how the object was used.
Assault with a Firearm (PC § 245(a)(2))
Involves any assault with a firearm, including handguns, shotguns, or rifles. Penalties are generally more severe than for other deadly weapons.
Assault with Specific Dangerous Firearms (PC § 245(a)(3))
These involve particularly dangerous weapons:
- Machine guns
- Assault weapons (as defined in PC §§ 30510 or 30515)
- .50 BMG rifles
These offenses carry enhanced penalties due to the risk these weapons pose.
Assault with Force Likely to Produce Great Bodily Injury (PC § 245(a)(4))
No weapon is needed. This charge is based on the level of force used, such as:
- Punching or kicking with excessive force
- Strangling or choking
- Throwing someone down stairs
- Multi-person assaults
Assault with a Semiautomatic Firearm (PC § 245(b))
Specific to semiautomatic firearms, which can fire multiple rounds quickly, this charge includes enhanced sentencing.
Assault on Peace Officers or Firefighters (PC § 245(c)-(d))
These apply when the alleged victim is a peace officer or firefighter engaged in official duties, and the defendant knew or should have known their status.
Penalties for Aggravated Assault in California
Penalties vary significantly depending on the charge, weapon used, and victim:
| Offense | Penalty |
| Assault with a deadly weapon or force likely to cause great bodily injury (non-firearm) | Felony: 2, 3, or 4 years in state prison; or misdemeanor: up to 1 year in county jail; fine up to $10,000 |
| Assault with a firearm | Felony: 2–4 years; misdemeanor: 6–12 months in jail |
| Assault with semiautomatic firearm | Felony: 3, 6, or 9 years |
| Assault with machine gun/assault weapon/.50 BMG rifle | Felony: 4, 8, or 12 years |
| Assault on peace officer/firefighter with deadly weapon (non-firearm) | Felony: 3, 4, or 5 years |
| Assault on peace officer/firefighter with firearm | Felony: 4, 6, or 8 years |
| Assault on peace officer/firefighter with semiautomatic firearm | Felony: 5, 7, or 9 years |
| Assault on peace officer/firefighter with machine gun, assault weapon, or .50 BMG | Felony: 6, 9, or 12 years |
Additional consequences may include:
- A strike under California’s Three Strikes Law
- Loss of firearm rights
- Immigration consequences for non-citizens
- Restitution to the victim
- Difficulty securing employment or housing
- Loss of professional licenses
What Prosecutors Must Prove
To convict under PC § 245, the prosecution must prove beyond a reasonable doubt that:
- You committed an act likely to apply force
- You acted willfully
- You had the present ability to use force
- The act involved a deadly weapon or force likely to produce great injury
- You did not act in self-defense
For firearm-related assaults, they must prove the weapon was a firearm.
For assaults on peace officers/firefighters, they must also show the victim was engaged in official duties, and you knew or should have known.
Common Defense Strategies for Aggravated Assault Charges
A skilled defense attorney will tailor your strategy to the facts of your case. Common defenses include:
- Self-defense or defense of others
- Lack of present ability to inflict injury
- No willful intent (accidental conduct)
- Object not a deadly weapon
- Lack of knowledge of the victim’s official status
- Mistaken identity
- Insufficient evidence or contradictory witness accounts
Factors That May Affect Your Case
- Severity of injuries (if any)
- Prior criminal history
- Victim cooperation
- Eyewitness testimony
- Video or forensic evidence
Each of these can influence whether charges are filed, the nature of the plea bargain, and the ultimate outcome of your case.
Why Choose Carolyn L. Oliver | Criminal Defense Law Firm
When your future is on the line, you need a defense team that understands both the law and the strategies to effectively counter aggressive prosecution.
At Carolyn L. Oliver | Criminal Defense Law Firm, we provide:
- In-depth knowledge of Penal Code § 245 and California sentencing laws
- A reputation for thorough investigation and strategic negotiation
- Courtroom experience and readiness to fight for you at trial
- Personalized attention and a defense plan tailored to your circumstances
We thoroughly analyze every aspect of your case—police reports, witness statements, surveillance footage, and more—to build a powerful defense from day one.
Contact a San Diego Criminal Defense Attorney Today
If you’re under investigation or have been charged with aggravated assault in California, don’t delay. Early legal intervention can significantly affect how your case is charged and resolved.
Call Carolyn L. Oliver | Criminal Defense Law Firm today to schedule a confidential case evaluation. We’re ready to listen, assess your options, and take immediate steps to protect your freedom and your future.
Don’t wait and hope for the best. Taking swift legal action is one of the most important decisions you can make after being charged. Let us fight for you.
Disclaimer:
This blog is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is unique, and past results are not a guarantee of future outcomes.
