Assault with a deadly weapon is one of the more serious assault charges a person can face in California. Depending on the facts, it can be charged as a misdemeanor or a felony. The sentencing range shifts considerably based on what object was involved and whether anyone was injured. If you are facing PC 245 charges in San Bernardino, Fontana, Ontario, or anywhere in the Inland Empire, understanding how these cases are built is the starting point of any serious defense.
Working with a reliable criminal defense attorney in San Bernardino matters more than people realize, especially with charges like these. The difference between a misdemeanor and a felony conviction can follow you for years, you know, in ways that go well beyond just jail time. Jobs, housing, your record. It adds up.
Tammy Higgins spent 16 years as a San Bernardino County public defender before opening her private practice. That background is not just a resume line. It means she has sat on the other side of these cases and knows exactly how prosecutors build them. That kind of insight is just hard to replicate.
Our firm has handled assault with a deadly weapon cases throughout Southern California for 18 years. Tammy has tried more than 100 jury trials, including homicide cases. She knows how judges and prosecutors in San Bernardino Superior Court approach PC 245 charges and which defense arguments carry actual weight in this courthouse.
How California Law Defines Assault with a Deadly Weapon
Penal Code 245(a)(1) defines assault with a deadly weapon as an assault upon another person with a deadly weapon or instrument other than a firearm, or by means of force likely to produce great bodily injury.
There are two ways to commit this offense under California law. One is to use an object that qualifies as a deadly weapon. The other is to use any level of force that is likely to produce great bodily injury, regardless of whether a traditional weapon was present. This second route means a PC 245 charge can arise even in a fistfight if the force used was deemed capable of producing serious injury.
PC 245(a)(2) covers the same offense with a firearm. Both subsections are wobblers, meaning they can be charged as a misdemeanor or a felony depending on the circumstances.
What Objects Qualify as a Deadly Weapon
California does not limit deadly weapons to knives and guns. Under state law, a deadly weapon is any object, instrument, or weapon used in a manner capable of producing or likely to produce death or great bodily injury.
Objects that are not inherently dangerous can qualify depending on how they were used. A bottle. A rock. A car. A belt. The key question is whether the object was used in a way that could have produced death or great bodily injury. How it was used matters as much as what it is.
This means the prosecution's characterization of the object is itself something that can be challenged. We look at the facts of the alleged conduct and whether the object involved actually meets the legal standard for a deadly weapon under California case law.
Misdemeanor vs. Felony: How the Charge Gets Decided
Assault with a deadly weapon under PC 245 is a wobbler. The prosecution decides at the time of charging whether to file it as a felony or a misdemeanor, and the court can reduce a felony wobbler to a misdemeanor at sentencing or upon completion of probation.
Factors that typically push a PC 245 charge toward a felony include the nature of the object used, the extent of any injury, the status of the alleged victim, and the defendant's prior criminal history. A firearm almost always results in a felony filing. A case involving a less dangerous object and no serious injury is more likely to be treated as a misdemeanor.
The wobbler nature of PC 245 is relevant to plea discussions and to the long-term consequences of any conviction.
Sentencing for PC 245 in California
As a misdemeanor, PC 245 carries up to one year in county jail. As a felony, it carries two, three, or four years in state prison. If a great bodily injury allegation under PC 12022.7 is also found true, an additional three to six years are added on top of the base sentence.
PC 245(a)(2), the firearm version, carries two, three, or four years as a felony. If the firearm was personally used, PC 12022.5 can add another three to four years. PC 245(c) and (d), covering assault on peace officers and other protected individuals, carry higher base sentences than the standard versions.
Assault with a deadly weapon qualifies as a serious felony under PC 1192.7 and counts as a strike under California's Three Strikes Law. A PC 245 conviction stays on a person's record and affects every future criminal proceeding they face.
Defense Strategies in PC 245 Cases
Self-defense and defense of others are the most common defenses in assault with a deadly weapon cases. California permits the use of force to defend against an imminent threat, and that force must be reasonable relative to the perceived threat. If the alleged victim was the aggressor, that changes the analysis significantly.
Beyond self-defense, we examine whether the object involved actually qualifies as a deadly weapon, whether the alleged conduct meets the definition of assault under PC 240, whether a GBI allegation is supported by the actual injury documentation, and whether the prosecution's witnesses have credibility issues or prior inconsistent statements. Results vary by case. Past outcomes do not guarantee future results.
Assault Cases Across San Bernardino and Southern California
Our firm handles PC 245 cases in San Bernardino, Fontana, Ontario, Rancho Cucamonga, Rialto, Colton, West Covina, Pomona, Fullerton, Anaheim, and throughout the surrounding area. The courts in San Bernardino County, Los Angeles County, and Orange County each operate differently, and knowing how local prosecutors and judges approach PC 245 cases affects how we prepare and present a defense.
For clients who have already been convicted of a PC 245 offense and are now dealing with employment, housing, or licensing consequences, we also handle post-conviction relief. Expungement under PC 1203.4 is available for many assault convictions where probation was completed, and resentencing petitions under AB 600 may apply in cases involving older sentences that no longer reflect current law.
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