AGGRAVATED ASSAULT UNDER PENAL CODE § 245
Penal Code § 245 defines the crime of aggravated assault. Aggravated assault is a “wobbler” meaning that it can be punished as either a felony or a misdemeanor. The punishments for aggravated assault depend on the type of weapon used, whether the victim was police officer or fighter, and whether the crime is punishable as a misdemeanor or a felony.
PUNISHMENTS FOR AGGRAVATED ASSAULT
Regardless of whether the crime is punished as a misdemeanor or a felony, the court may impose a fine of up to $10,000.
Aggravated assault includes any of the following:
- Assault with a Deadly Weapon
- Assault with a Firearm
- Assault with a Machine Gun
- Assault “by any means of force likely to produce great bodily injury ”
- Assault with a Semiautomatic Firearm
Under Penal Code § 245(a), aggravated assault is punishable as a felony by up to two, three, or four years in prison. As a misdemeanor, it is punishable by up to one year in county jail.
However, assault with a machine gun may be punished by up to 4, 8, or 12 years in state prison.
Assault with a semiautomatic firearm is always a felony and is punishable by three, six, or nine years in state prison.
Under Penal Code § 245(a)(1), aggravated assault with a deadly weapon, other than a firearm, is punishable by up to four years in prison, a fine of up to $10,000, or both.
AGGRAVATED ASSAULT AGAINST A POLICE OFFICER OR FIREFIGHTER
Aggravated assault against a police officer or firefighter is always a felony offense.
To be convicted of aggravated assault under Penal Code § 245(c), all of the following must be proven:
- The person committed an aggravated assault against a peace officer or firefighter,
- The person knew or reasonably should have known that the victim was a peace officer or firefighter engaged in the performance of his or her duties, AND
- The peace officer or firefighter was engaged in the performance of his or her duties at the time
DEFENSES TO AGGRAVATED ASSAULT
There are many defenses to aggravated assault. For example, if you did not have a deadly weapon or other instrument defined in Penal Code § 245, you may be able to avoid a conviction under the statute. Additionally, if you lacked the necessary intent to commit an aggravated assault, the prosecution may not be able to prove all of the elements. Similarly, a person who acts in self-defense may be able to defeat a charge under Penal Code § 245.
