I. California Penal Code 240/245: Assault with a Deadly Weapon
Legal Definition: Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm (PC 245(a)(1)).
For a person to be convicted of a violation of PC 245(a)(1), the prosecution must prove the following:
You did an act with a deadly weapon other than a ﬁrearm/a ﬁrearm/a semiautomatic ﬁrearm/a machine gun/an assault weapon/a .50 BMG riﬂe that by its nature would directly and probably result in the application of force to a person;
You did that act willfully;
When you acted, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in the application of force to someone;
When you acted, you had the present ability to apply force likely to produce great bodily injury/with a deadly weapon other than a ﬁrearm/with a ﬁrearm/with a semiautomatic ﬁrearm/with a machine gun/with an assault weapon/with a .50 BMG riﬂe to a person; AND
You did not act in self-defense/in defense of someone else.
An assault charge can be devastating to you or your loved one’s life. Many times, if a fight occurred, you could suffer additional charges such as Criminal Threats, in addition to what you did to cause the assault. You are facing many years in prison, in addition to the stiff fines and fees, as well as losing your 2nd Amendment Rights. You need an experienced attorney to fight for you or your loved one. Our PC 240 Ontario attorney has successfully defended numerous cases involving Assault crimes under PC 240. The initial consultation is free and we are available to answer your questions 24/7. Call the Inland Empire Criminal Defense today at 909-939-7126! Located in Ontario, CA.
I. California Penal Code 69: Resisting an Executive Officer Legal Definition: Every person who attempts,…
Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. If you would like to find out more information about your particular legal matter, contact our office for a consultation.