Penal Code Section 245 A 1
While the crime of assault under california penal code section 240 pc is defined as an illegal attempt to commit injury on another when that assault involves a deadly weapon or force likely to cause great bodily injury a defendant can be charged with the more serious offense of assault with a deadly weapon under california penal code section 245 a 1 pc.
Penal code section 245 a 1. Ca penal code 245 1 2017 as used in sections 148 2 241 243 244 5 and 245 fireman or firefighter includes any person who is an officer employee or member of a fire department or fire protection or firefighting agency of the federal government the state of california a city county city and county district or other public or municipal corporation or political subdivision of this state whether this person is a volunteer or partly. Definition and elements of the crime. Man a grabs a stick up off of the ground and attempts to hit man b in the head with the stick.
California penal code section 245 a 1 pc. Man a misses and man b eventually gets away. Man a could be charged with assault with a deadly weapon.
The following acts could be considered violations of pc 245 a 1. A 1 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 dollars 10 000 or by both the fine and imprisonment. California penal code section 245.
The definition of application of force under pc 245 a 1 is any. A 1 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 dollars 10 000 or by both the fine and imprisonment. An assault with a lethal weapon can occur even if the touching was not direct.
According to california penal code section 245 a 1 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 dollars 10 000 or by both the fine and imprisonment. Man a gets very angry during an argument with man b. California penal code section 245 1.
A 1 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 dollars 10 000 or by both the fine and imprisonment. If it is a felony the maximum sentence prescribed by statute is 4 years. The slightest touching will count if it is done in a rude or offensive manner.