California Penal Code §245(a)(1) — Assault with Deadly Weapon
PC §245(a)(1) punishes any assault upon another person committed with a deadly weapon or other means of force likely to produce great bodily injury. ADW is a wobbler — chargeable as a misdemeanor (up to 1 year in jail) or a felony (up to 4 years in state prison) — and every felony conviction is a strike under California's Three Strikes Law.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault with Deadly Weapon Cases in All LA County Courts
01 — Quick Facts
PC §245(a)(1) — Assault with Deadly Weapon at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §245(a)(1) — Assault With a Deadly Weapon |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (Misdemeanor or Felony) |
| Misdemeanor Term | Up to 1 year county jail |
| Felony Term | 2, 3, or 4 years state prison |
| Maximum Fine | $10,000 |
| Strike | Yes when charged as a felony (serious felony, PC §1192.7(c)(31)) |
| Probation | Available on misdemeanor; discretionary on felony |
| Expungeable | Yes if probation granted (PC §1203.4) |
| Immigration | Aggravated felony / crime of violence — deportable |
| Related Codes | PC §245(a)(2) (firearm), §245(a)(4) (GBI), §240, §242 |
| If Charged | Call (213) 723-2337 for a free consultation |
01 — What Is PC §245(a)(1)?
What Is California Penal Code §245(a)(1)?
PC §245(a)(1) Reads:
"Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment."
— California Penal Code §245(a)(1)
PC §245(a)(1) is one of California's most-charged violent felonies. Prosecutors use it broadly — any instrument capable of causing death or serious injury can qualify as a 'deadly weapon,' from knives, bats, and glass bottles to cars, hammers, and even shoes or fists when used in a manner likely to cause great bodily injury.
Deadly Weapon vs. Force Likely to Cause GBI
§245(a)(1) reaches two categories: (1) assault with a deadly weapon and (2) assault by any means of force likely to produce great bodily injury. The second theory allows conviction even when no object was used — a serious punch, kick, or stomp can qualify.
Inherently Deadly Weapon
A weapon designed to cause death or serious injury: dirks, daggers, blackjacks. Use is prima facie evidence of the offense.
Deadly As Used
Any object capable of causing GBI when used in a certain manner — a car, a beer bottle, a rock, a pen. The People must show how the object was used.
Why This Law Matters
A felony ADW conviction is a strike that doubles the sentence on every future felony, results in mandatory deportation for non-citizens, and permanently prohibits firearm ownership. Reducing a §245 case to a misdemeanor — or to PC §240 assault or PC §415 disturbing the peace — can be the single most important outcome a defense attorney secures.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §245(a)(1)
The prosecution must prove each of the following elements beyond a reasonable doubt to obtain a PC §245(a)(1) conviction.
You Did an Act With a Deadly Weapon or Force Likely to Cause GBI
The defendant performed an act that, by its nature, would directly and probably result in the application of force to a person, using either a deadly weapon or force likely to produce great bodily injury (substantial, not trivial, physical injury).
You Acted Willfully
Willfully means on purpose. The defendant does not have to intend to break the law or injure — only to perform the act. Accidents and reflexive acts do not qualify.
You Were Aware of Facts Making Application of Force Probable
The defendant must have known facts that would lead a reasonable person to realize the act would directly and probably result in the application of force. The prosecution does not need to prove intent to injure — only awareness of the risk.
04 — Penalties
Penalties for PC §245(a)(1) Assault with Deadly Weapon in California
PC §245(a)(1) is a wobbler with dramatically different consequences depending on whether the DA files it as a misdemeanor or a felony.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor ADW | PC §245(a)(1) | Up to 1 year county jail | Yes | No |
| Felony ADW | PC §245(a)(1) | 2, 3, or 4 years state prison | Discretionary | Yes |
| ADW + GBI Enhancement | PC §12022.7 | Base + 3–6 years consecutive | No | Yes |
| ADW on Peace Officer | PC §245(c) | 3, 4, or 5 years | No | Yes |
Enhancements & Aggravators
Great Bodily Injury
PC §12022.7
+3 to 6 years consecutive if the victim suffered great bodily injury. Automatically converts the case to a strike.
Gang Enhancement
PC §186.22(b)
+2 to 10 years (or 15-to-life for indeterminate sentences) when the ADW was for gang benefit.
Victim Is Peace Officer / Firefighter
PC §245(c)–(d)
Escalates the charge to a straight felony with 3–5 years (or 4–8 years if a firearm is used).
Prior Strike
PC §667(e)
Doubles the term; a third strike triggers 25-to-life on the underlying charge.
Great Bodily Injury on Elder
PC §368
Elder victim triggers PC §368 with additional prison exposure and probation conditions.
Committed for Hire
PC §12022.75
Enhancement when the ADW was committed for financial gain.
Beyond the Sentence
- Strike conviction (felony) — doubles all future felony sentences
- Lifetime firearm prohibition (PC §29800)
- Aggravated felony under federal law — deportation for non-citizens
- State prison sentence, not county jail, when charged as a felony
- Victim restitution — often substantial when medical bills are involved
- Ineligibility for many state professional licenses
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §245(a)(1) Assault with Deadly Weapon Charges
Rubin Law, P.C. attacks PC §245(a)(1) cases at every stage — challenging whether the object was a deadly weapon, whether force was truly likely to cause GBI, and whether the defendant acted lawfully in self-defense.
Self-Defense or Defense of Others
Force is justified when the defendant reasonably believed he or another faced imminent bodily harm and used no more force than necessary to stop it. A complete acquittal defense.
CALCRIM 3470
The Object Was Not a Deadly Weapon
Not every object is deadly. We challenge whether the object was used in a manner capable of causing death or great bodily injury — a plastic cup, a soft-sided item, or a small object used defensively may not qualify.
CALCRIM 875 / People v. Aguilar
Force Was Not Likely to Cause GBI
For the 'force likely' theory, the People must prove the force was likely — not merely possible — to cause substantial physical injury. A single push, slap, or shove typically fails this element.
CALCRIM 875
No Willful Act / Accident
Accidental discharge, reflexive motion, or unintended contact does not satisfy willfulness. We investigate whether the act was genuinely accidental or the natural consequence of lawful conduct.
CALCRIM 875
False Allegation / Motive to Lie
Many ADW allegations arise from bar fights, custody disputes, and domestic disagreements where the accuser has motive to fabricate or exaggerate. We investigate through social media, texts, prior police contacts, and civil litigation records.
Impeachment / Evid. §780
Suppression of Evidence
Weapons, statements, and physical evidence obtained through unlawful searches, illegal stops, or Miranda violations can be suppressed under PC §1538.5 — often forcing a dismissal or reduction to misdemeanor.
PC §1538.5
Constitutional Sources
07 — Court Process
How PC §245(a)(1) Assault with Deadly Weapon Cases Move Through Los Angeles Courts
PC §245(a)(1) cases follow the standard California felony wobbler timeline.
- 1
Step 1 — Arrest & Booking
The defendant is booked into the arresting agency's jail. Bail on a felony §245(a)(1) is typically $30,000–$50,000 unless enhancements are alleged.
- 2
Step 2 — Arraignment
The court reads the charges and enters the plea. We litigate bail reduction under PC §1275 and move for own-recognizance release when appropriate.
- 3
Step 3 — Preliminary Hearing
For felony filings, the People must prove probable cause. We cross-examine officers and witnesses, challenge the deadly-weapon theory, and lay the record for a PC §17(b) reduction motion.
- 4
Step 4 — Pre-Trial Motions
PC §1538.5 suppression motions, Pitchess motions for officer records, and PC §995 motions to dismiss unsupported charges.
- 5
Step 5 — Diversion / Plea Negotiations
First-time defendants may qualify for mental health or military diversion. Otherwise, we negotiate for reduction to PC §240 assault or misdemeanor §245.
- 6
Step 6 — Trial or PC §17(b) Reduction
If the case proceeds to trial, we defend on self-defense and deadly-weapon grounds. Post-conviction, we move for §17(b) reduction to eliminate the strike.
Los Angeles Courts That Handle PC §245(a)(1) Assault with Deadly Weapon Cases
Felony PC §245(a)(1) cases are prosecuted at LA County's felony trial courthouses based on offense location.
Clara Shortridge Foltz Criminal Justice Center
Central downtown LA felony courthouse.
Van Nuys Courthouse
San Fernando Valley felony assault cases.
Compton Courthouse
South LA and Compton felony assault caseload.
Long Beach Courthouse
Long Beach and South Bay felony ADW cases.
Pomona Courthouse
Eastern LA County — Pomona, West Covina, Diamond Bar.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault with Deadly Weapon Defense Attorney
Daniel S. Rubin has defended clients charged with assault with deadly weapon and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §245(a)(1) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault with Deadly Weapon Cases Throughout LA County
09 — FAQs
PC §245(a)(1) Assault with Deadly Weapon Questions — Los Angeles
Is PC §245(a)(1) a strike?
Only when charged and convicted as a felony. Felony ADW is listed in PC §1192.7(c)(31) as a serious felony and counts as a strike. Misdemeanor §245(a)(1) is not a strike, which is why reducing the case under PC §17(b) is critical.
What counts as a 'deadly weapon' under PC §245?
Two categories: (1) inherently deadly weapons like dirks, daggers, or brass knuckles, and (2) objects that become deadly by how they are used — cars, bottles, hammers, rocks, even shoes or teeth in the right circumstances. The prosecution must prove the object was used in a manner capable of causing death or great bodily injury.
What is the difference between PC §240 assault and PC §245 ADW?
PC §240 is a simple assault — a misdemeanor with up to 6 months in jail. PC §245 is an aggravated assault involving either a deadly weapon or force likely to cause great bodily injury. The added weapon or GBI element elevates §240 into a wobbler with up to 4 years in state prison and potentially a strike.
Can hands or feet be a 'deadly weapon'?
Under PC §245(a)(1), hands and feet are generally NOT deadly weapons because they are not objects. However, the parallel statute PC §245(a)(4) punishes assault 'by means of force likely to produce great bodily injury' — this reaches punches, kicks, and stomps when the force used was likely to cause substantial injury. Same wobbler exposure.
Can I get probation for a felony ADW conviction?
Yes, in most cases. Probation is discretionary for felony PC §245(a)(1) unless the defendant used a deadly weapon during a listed serious felony (PC §1203(e)) or inflicted GBI on specified victims. Effective sentencing advocacy — mitigation, character letters, mental health evaluation — is often decisive in obtaining probation.
Can a §245(a)(1) conviction be expunged?
Yes, when probation is granted and successfully completed, PC §245(a)(1) can be expunged under PC §1203.4. If the felony is first reduced to a misdemeanor under PC §17(b), the expungement is more powerful and eliminates the strike for future purposes.
Is self-defense a valid defense to ADW?
Yes — self-defense and defense of others are complete defenses to PC §245(a)(1). You must have reasonably believed you or another faced imminent bodily harm and used no more force than necessary. If perfectly established, the defendant is acquitted; if imperfect, the charge may still fail because self-defense negates willfulness and awareness of the risk of unlawful force.
What are the immigration consequences of a PC §245(a)(1) conviction?
A felony §245(a)(1) conviction is treated as a 'crime of violence' and often an 'aggravated felony' under federal immigration law (8 USC §1101(a)(43)(F)), triggering mandatory deportation and permanent inadmissibility. Even misdemeanor §245(a)(1) can be a crime of moral turpitude. Non-citizens must consult experienced counsel before any plea.
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Charged With Assault With a Deadly Weapon in Los Angeles?
A felony PC §245(a)(1) conviction is a strike that follows you for life. Call Rubin Law, P.C. today for a free, confidential consultation.