“If there is one characteristic that defines me, it is my belief in human dignity, my belief that my client's life is just as important now as it was on the day they were born.” - Michael Guisti

Tap to Call (888) 478-8999
Our Legal Team Is Standing By
Home Criminal Defense Violent Crimes Assault with a Deadly Weapon

Orange County Assault with a Deadly Weapon Attorneys

Assault with a Deadly Weapon - California Penal Code 245

Under California Penal Code 245, the crime of assault with a deadly weapon is an assault committed with a so-called "deadly weapon," OR by means of force likely to produce "great bodily injury."

Different Types of California Assault with a Deadly Weapon Charges

Here are the different charges of assault with a deadly weapon you may face in California:

  • PC 245(a)(1) - Assault with a deadly weapon (not a firearm)
  • PC 245(a)(2) - Assault with a deadly weapon (a firearm)
  • PC 245(a)(3) - Assault with a deadly weapon (great bodily injury)
  • PC 245(b) - Assault with a deadly weapon (semiautomatic firearm)
  • PC 245(c) & (d) - Assault with a deadly weapon (against a policeman or firefighter)

California law defines a "firearm" as "any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion." (California Penal Code 16520(a))

California law defines "great bodily injury" as "significant or substantial harm to the body, to include: loss of consciousness, bone fracture, disfigurement, etc." (California Pen Code § 12022.7)

United States law defines a "semiautomatic firearm" as "any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge." (18 U.S. Code § 921)

Different Types of California Assault with a Deadly Weapon Charges

  • PC 245(a)(1) – Assault upon the person of another with a deadly weapon or instrument other than a firearm is punishable by imprisonment in the state prison 2 to 4 years or in a county jail for up to 1 year, and/or by a fine up to $10,000.
  • PC 245(a)(2) – Assault upon the person of another with a firearm is punishable by imprisonment in the state prison for 2 to 4 years or in a county jail for 6 months to 1 year, and/or a fine up to $10,000.
  • PC 245(a)(3) – Assault upon the person of another with a machinegun (defined above) or an assault weapon, as defined in Penal Code §30510, 30515 or 30530, is punishable by imprisonment in the state prison for 4, 8, or 12 years.
  • PC 245(b) – Assault upon the person of another with a semiautomatic firearm shall be punished by in imprisonment in the state prison for 3, 6, or 9 years.
  • PC 245(c) – Assault upon the person of a peace officer or firefighter with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury while the peace officer or firefighter is clearly engaged in the performance of his/her duties is punishable by imprisonment in the state prison for 3 to 5 years.
  • PC 245(d) – Assault upon the person of a peace officer or firefighter with a with a firearm while the peace officer or firefighter is clearly engaged in the performance of his/her duties is punishable by imprisonment in the state prison for 4, 6 or 8 years.

"My wife and I got into this argument one night and police came out and arrested me for assault with a deadly weapon. Irvine domestic violence lawyer Michael L. Guisti explained to me in simple language about domestic violence laws and what our plan of action was going to be in court. Mr. Guisti just talked to the judge and my charges were dropped after I entered an anger management class. Thanks to Michael my marriage is saved and I have no criminal record. Thank you Mr. Guisti.."

Client's rating: 5 of 5

How Can Law Office of Michael L. Guisti Help You

There are some assault with a deadly weapon charges that can be resolved without a jail sentence or a conviction on your criminal record. To get the best outcome for your California assault with a deadly weapon charges, you need the help of a dedicated Orange County defense attorney. Law Office of Michael L. Guisti has a hard-earned reputation for getting assault charges lowered or dropped altogether.

To view some of our legal successes, please click here.

Contact an OC Assault with a Deadly Weapon Lawyer Today

Law Office of Michael L. Guisti has the experience, knowledge, and skill you need to secure your freedom. We know the law and how to navigate the legal system on behalf of our clients. We are here and ready to build a strong defense. Your future is important, so if you are facing serious charges involving a weapons offense, hire an Orange County assault with a deadly weapon attorney who can help you protect it. Contact us today at (888) 478-8999.

Additional Information

Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.

(714) 530-9690

Payment options available:

Payment options available:

Client Reviews

“It was strongly recommended that I call federal defense attorney Michael L. Guisti. He had several investigators look at records and such, and my federal case was dismissed. Michael Guisti does what few attorneys can do, beat the federal government, and that is why if you’re in trouble with the government you need to call Michael Guisti right away!”

- G.O. on

Rating:5/5

“I had everything to lose, my future, my education. Basically I did something that got me a misdemeanor, and the judge wanted to give a guilty plea. But Michael Guisti would not back down. Instead he fought for me, and now my record is clean.”

- Client on

Rating:5/5

“Back in 2003 I was facing attempted murder. My family hired Michael Guisti to represent me. He is a very good attorney. He always answered my calls, addressed my questions and concerns, and kept me updated about my case. Thank you Michael Guisti for winning my case. I highly recommend anyone facing a criminal charge to see Michael Guisti.”

- J.D. on

Rating:5/5

Case Results

sex crimes

Case Dropped

Young man charged and arrested for sexual battery.

assault

Case Dropped

Man charged with assault with a deadly weapon for hitting someone in the face with a heavy metal dust pan.

drug crimes

Served Less Than 30 Days in Jail

Young man charged with selling 1000 tabs of ecstasy to undercover officer.

Attempted Murder

Reduced to Assault With Deadly Weapon

Young man knocks the eye out his victim with a metal pipe. Charged with attempted murder and aggravated mayhem. Both cases carried life sentences.

Assault & Battery

Serves 80 Days on Work Furlough

Woman arrested and charged with assault with a deadly weapon using scissors on a co-worker.

Vehicular Assault

Serves 80 Days on Work Furlough

Man charged with three felony counts of vehicular assault with a deadly weapon.