California Penal Code 245 is one of the most commonly charged serious assault laws in the state. It is also one of the most misunderstood. Many people hear “assault with a deadly weapon” and assume it requires serious injuries, physical contact, or a traditional weapon like a gun or knife. That is not always true. PC 245 covers a wide range of conduct, includes multiple subsections with very different consequences, and can carry life-changing penalties if not handled correctly. Understanding how this law works is critical if you or a loved one is facing charges.Below is a clear breakdown of Penal Code 245, what qualifies as a deadly weapon, how the subsections differ, and why early legal guidance matters.

What Is Penal Code 245?

California Penal Code 245 makes it a crime to commit an assault with a deadly weapon or an assault using force likely to cause great bodily injury.

Under California law, an assault is not the same as battery. Assault focuses on the attempt and present ability to apply force, not whether someone was actually hurt. Prosecutors do not need to prove that an injury occurred, only that the defendant acted in a way that could have resulted in serious harm.This makes PC 245 broader than many people expect and allows charges to be filed even when no physical contact took place.

What Counts as a “Deadly Weapon”?

A “deadly weapon” is not limited to guns or knives. In California, a deadly weapon is any object that is capable of causing death or great bodily injury when used in a particular manner.

Examples may include:

• Knives or sharp objects
• Firearms or replica firearms used threateningly
• Bottles, tools, or blunt objects
• Vehicles used to strike or attempt to strike someone

The key factor is how the object was used, not what it is. Even an everyday item can be considered a deadly weapon if prosecutors believe it was used in a dangerous way.

Sub-Sections to PC 245

One of the most important aspects of Penal Code 245 is that it contains multiple subsections, each with different legal consequences. These distinctions matter greatly.

PC 245(a)(1): Deadly Weapon (Non-Firearm)

This subsection covers assault with a deadly weapon other than a firearm. It is classified as a strike offense under California’s Three Strikes Law. A conviction can have long-term consequences beyond the immediate sentence.

PC 245(a)(2) and (a)(3): Firearms and Protected Victims

These subsections involve firearms or assaults against certain protected individuals, such as peace officers or firefighters. These charges often carry enhanced penalties, including mandatory prison exposure.

PC 245(a)(4): Force Likely to Cause Great Bodily Injury

This subsection applies when prosecutors allege assault using force likely to cause serious injury, even without a traditional weapon. Importantly, PC 245(a)(4) is a non-strike offense, which can significantly affect sentencing and future consequences.Because each subsection carries different risks, misclassification can dramatically impact a case.

Assault Does Not Require Physical Contact

One of the most surprising aspects of PC 245 is that no physical contact is required.

A person can be charged if prosecutors believe:

• The defendant acted willfully
• The defendant had the present ability to apply force
• A reasonable person would view the act as likely to result in serious injury

This means charges can arise from threats combined with movement, gestures, or positioning, even if no one was touched or injured.

Potential Penalties Under PC 245

Penalties under Penal Code 245 vary widely depending on the subsection charged, prior criminal history, and case facts. Potential consequences may include:

• State prison or county jail time
• Formal probation
• Fines and court fees
• Strike consequences for certain subsections
• Firearm prohibitions
• Immigration consequences for non-citizens

Some PC 245 convictions can follow a person for life, which is why early intervention is critical.

Defenses to Assault With a Deadly Weapon

Every PC 245 case is fact-specific. Common defenses may include:

• Self-defense or defense of others
• Lack of intent or present ability
• False accusations or exaggeration
• Misclassification of the object as a deadly weapon
• Insufficient evidence or witness credibility issues

An experienced criminal defense attorney will examine police reports, body camera footage, witness statements, and charging decisions to identify weaknesses in the prosecution’s case.

Let Inland Empire Criminal Defense Help

If you are facing PC 245 charges in California, speaking with a criminal defense attorney as early as possible can help ensure that your side of the story is fully and fairly presented.

The details matter. And in PC 245 cases, those details often make all the difference. Call us today at (909) 939-7126 for your free consultation.