California Penal Code §245(a)(2) — Assault with Firearm
PC §245(a)(2) is California's dedicated firearm-assault statute. Any assault committed with a firearm — pointing, brandishing in a threatening manner, or discharging without hitting anyone — is a wobbler carrying up to 4 years in state prison, with felony filings triggering PC §1192.7(c)(31) serious-felony strike consequences. Firearm-use enhancements under PC §12022.5 add 3, 4, or 10 years consecutive.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Assault with Firearm Cases in All LA County Courts
01 — Quick Facts
PC §245(a)(2) — Assault with Firearm at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §245(a)(2) — Assault With a Firearm |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (misdemeanor or felony) |
| Prison Term (Felony) | 2, 3, or 4 years state prison |
| Jail Term (Misdemeanor) | 6 months to 1 year county jail |
| Strike | Yes when charged as felony (PC §1192.7(c)(31)) |
| Probation | Discretionary; mandatory jail on misdemeanor |
| Firearm Rights | Lifetime state and federal ban on felony conviction |
| Immigration | Aggravated felony 'crime of violence' |
| Related Codes | PC §245(a)(1) ADW, PC §245(b), PC §12022.5 use enhancement |
| Special Rule | Assault with semi-automatic firearm = §245(b), 3/6/9 years |
| If Charged | Call (213) 723-2337 for a free consultation |
01 — What Is PC §245(a)(2)?
What Is California Penal Code §245(a)(2)?
PC §245(a)(2) Reads:
"Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment."
— California Penal Code §245(a)(2)
§245(a)(2) is a species of aggravated assault where the deadly weapon is specifically a firearm. Unlike §245(a)(1)'s generic 'deadly weapon' framing, §245(a)(2) has enhanced mandatory sentences and triggers additional firearm-use enhancements under PC §12022.5. The gun does not have to be loaded, does not have to be operable, and does not have to be fired — pointing a firearm at another person during a dispute is enough.
§245(a)(2) vs. §245(a)(1) — the Firearm Line
The firearm-specific statute imposes higher minimum jail time on misdemeanor filings and expands strike consequences on felony filings.
§245(a)(1) — Any Deadly Weapon
Wobbler with generic weapon language. No minimum jail on misdemeanor. Strike only if GBI.
§245(a)(2) — Firearm Specific
Wobbler. Minimum 6 months jail on misdemeanor. Automatic strike on felony filing.
Why This Law Matters
Firearm assault convictions stack: base §245(a)(2) term + §12022.5(a) firearm-use enhancement (3/4/10 years) + PC §12022.7 GBI enhancement (3–6 years) + potential §186.22 gang enhancement. A middle-term felony conviction with firearm use can result in 13+ years in state prison at 85% credits under PC §667.5(c)(8) violent-felony rules.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §245(a)(2)
To convict under PC §245(a)(2), the prosecution must prove each element beyond a reasonable doubt (CALCRIM 875).
You Committed an Assault
The prosecution must prove all §240 assault elements — a willful act likely to result in force, with present ability to apply that force, and awareness of the surrounding circumstances.
You Used a Firearm
The firearm need not be loaded or operable. Any device designed to be used as a weapon from which is expelled a projectile by force qualifies — including BB guns and pellet guns per People v. Monjaras.
You Acted Willfully
The use of the firearm must be intentional. Accidental discharges, reflexive hand movements, and unintentional pointing during a struggle fail willfulness.
You Were Aware Your Act Would Result in Force
General-intent element identical to §240 — you must have known facts that would lead a reasonable person to realize the act would result in force being applied to another.
04 — Penalties
Penalties for PC §245(a)(2) Assault with Firearm in California
§245(a)(2) exposure escalates rapidly through firearm enhancements. Almost all felony filings carry PC §12022.5 firearm-use allegations.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §245(a)(2) Misdemeanor | PC §245(a)(2) | 6 months to 1 year county jail | Discretionary; mandatory jail | No |
| §245(a)(2) Felony | PC §245(a)(2) | 2, 3, or 4 years state prison | Discretionary | Yes (serious felony) |
| §245(b) — Semi-Automatic | PC §245(b) | 3, 6, or 9 years state prison | Discretionary | Yes (serious felony) |
| §245(a)(2) + Personal Firearm Use | PC §12022.5(a) | +3, 4, or 10 years consecutive | Prohibited | Violent felony |
| §245(a)(2) + GBI | PC §12022.7(a) | +3 years consecutive | Prohibited | Violent (85% credits) |
| §245(a)(2) + Gang Enhancement | PC §186.22(b) | +5 years, or 15-to-life on serious felony | Prohibited | Yes |
Firearm-Specific Enhancements
Personal Firearm Use
PC §12022.5(a)
Adds 3, 4, or 10 years consecutive when the defendant personally used a firearm during the assault.
Discharge Causing GBI or Death
PC §12022.53(d)
Adds 25-to-life consecutive when discharge caused GBI or death. Reserved for enumerated felonies but frequently pleaded around under §245(a)(2) predicate.
Semi-Automatic Firearm
PC §245(b)
Charged as its own offense — 3, 6, or 9 years prison — when the firearm is semi-automatic.
Assault on Peace Officer
PC §245(d)
Assault with firearm on peace officer/firefighter carries 4, 6, or 8 years; on discharge, 5, 6, or 9 years.
Machine Gun / Assault Weapon
PC §245(a)(3)
Assault with a machine gun, assault weapon, or .50 BMG rifle carries 4, 8, or 12 years.
GBI Enhancement
PC §12022.7
3 to 6 years consecutive for personally inflicting great bodily injury.
Beyond the Sentence
- Strike under Three Strikes Law (felony filings)
- Violent felony designation on GBI enhancement — 85% custody credit rule
- Lifetime state and federal firearm ban
- Aggravated felony deportation for non-citizens
- Loss of concealed-carry, hunting, and gun-club eligibility
- Professional-license discipline or revocation
- DNA collection under PC §296
- Ineligibility for various forms of post-conviction relief
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §245(a)(2) Assault with Firearm Charges
Firearm-assault defenses focus on the firearm element itself, willfulness, self-defense, and pushing felony filings down to non-strike wobblers.
Self-Defense With Lawful Firearm
CALCRIM 3470 self-defense is a complete defense — even when a firearm is used — if you reasonably perceived imminent unlawful force and used proportional force. Home-defense scenarios (Castle Doctrine, PC §198.5) often warrant complete acquittal.
CALCRIM 3470 / PC §198.5
Object Was Not a Firearm
The People must prove the object was an actual firearm. Toy guns, replicas without projectile capacity, and unloaded/inoperable objects merely resembling firearms fail the element.
PC §16520
No Willful Act
Accidental discharge, reflexive movement during a struggle, and unintentional pointing while handling a firearm defeat willfulness.
CALCRIM 875
No Present Ability
Distance, physical barriers, and lack of ammunition can defeat present-ability. §245 requires ability to apply force at the moment.
CALCRIM 915
PC §17(b) Reduction
Wobbler reduction to misdemeanor is available under §17(b)(5) at preliminary hearing or §17(b)(3) after successful probation — removing strike consequences.
Strike Enhancement / Romero Motion
Under People v. Romero, the court may strike a prior-strike allegation in the interest of justice. We advocate for Romero relief where the prior is remote, non-violent, or minor.
Romero (13 Cal.4th 497)
Suppression / Firearm Evidence
Illegal vehicle or residence searches under PC §1538.5 often exclude the firearm — collapsing the case.
PC §1538.5
Constitutional Sources
07 — Court Process
How PC §245(a)(2) Assault with Firearm Cases Move Through Los Angeles Courts
Firearm-assault cases proceed through the felony pipeline with heightened bail, mandatory firearm-use enhancement litigation, and preliminary-hearing scrutiny.
- 1
Step 1 — Arrest & Booking
In-custody booking is standard. Bail typically ranges $100,000–$500,000 on felony §245(a)(2) filings with firearm-use enhancements.
- 2
Step 2 — Arraignment
Charges read, plea entered. We advocate for bail reduction and address protective-order requests. Firearm surrender orders are addressed here.
- 3
Step 3 — Preliminary Hearing
Within 10 court days for in-custody defendants. We cross-examine the alleged victim, ballistics experts, and any officer witnesses on the firearm-use enhancement.
- 4
Step 4 — PC §17(b) Motion
After prelim, we move to reduce the wobbler to a misdemeanor — arguing marginal facts, cooperation, and no aggravation.
- 5
Step 5 — Pretrial Motions
PC §1538.5 (firearm suppression), motions to strike §12022.5 enhancements, Pitchess motions, and PC §995 dismissals of enhancements.
- 6
Step 6 — Plea Negotiations
Common negotiated resolutions: reduction to PC §417 brandishing (misdemeanor, non-strike), PC §246.3 grossly-negligent discharge (wobbler), or misdemeanor §245(a)(2).
- 7
Step 7 — Trial & Sentencing
Jury trial on firearm-use, willfulness, and self-defense. Sentencing considers strike consequences, 85% credit rules, and Romero motions.
Los Angeles Courts That Handle PC §245(a)(2) Assault with Firearm Cases
§245(a)(2) felonies are heard in LA County felony trial courts.
Clara Shortridge Foltz Criminal Justice Center
Downtown LA — houses the DA's Bureau of Major Crimes for gun cases.
Van Nuys Courthouse West
San Fernando Valley felony trial court.
Compton Courthouse
South LA felony calendar — extensive gun-crime docket.
Long Beach Courthouse
South Bay and Long Beach felony gun cases.
Pomona Courthouse South
East LA and San Gabriel Valley felony trial court.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Assault with Firearm Defense Attorney
Daniel S. Rubin has defended clients charged with assault with firearm 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)(2) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Assault with Firearm Cases Throughout LA County
09 — FAQs
PC §245(a)(2) Assault with Firearm Questions — Los Angeles
Does the firearm have to be loaded to be charged under PC §245(a)(2)?
No. Under People v. Monjaras and successive appellate cases, an unloaded, inoperable, or partially disassembled firearm still qualifies. What matters is that the object meets the statutory firearm definition. BB guns and pellet guns also qualify. Only actual toy guns and replicas without projectile capacity fall outside §245(a)(2).
Is PC §245(a)(2) a strike?
Yes when charged as a felony. It is a serious felony under PC §1192.7(c)(31). A misdemeanor §245(a)(2) (after §17(b) reduction) is not a strike. With a personal-firearm-use enhancement or GBI enhancement, the offense becomes a violent felony with 85% credits.
Can PC §245(a)(2) be reduced to a misdemeanor?
Yes — §245(a)(2) is a wobbler. §17(b)(5) reduction is available at preliminary hearing; §17(b)(3) after successful probation. Grounds include no injury, cooperation, mitigation, and no significant prior record. Reduction eliminates strike consequences.
Does self-defense apply to firearm-assault charges?
Yes. CALCRIM 3470 self-defense fully applies to firearm cases. In home-defense settings, PC §198.5 creates a presumption of reasonable fear against forcible unlawful entry. Successful self-defense is a complete acquittal even where a firearm was displayed or discharged.
What is the mandatory minimum jail term for misdemeanor §245(a)(2)?
6 months. Misdemeanor filings of §245(a)(2) carry a statutory 6-month minimum jail sentence — the court cannot go below unless the charge is reduced to PC §417 brandishing (30-day minimum) or PC §240 assault (no minimum).
How does §12022.5 firearm-use enhancement work?
PC §12022.5(a) adds 3, 4, or 10 years consecutive when the defendant personally used a firearm during the underlying felony. 'Personal use' means intentionally displayed, hit, fired, or pointed the firearm. The enhancement makes probation categorically unavailable and adds 85% credit rules.
Can I still own firearms after a §245(a)(2) conviction?
No if felony. Federal 18 U.S.C. §922(g)(1) and California PC §29800 impose lifetime firearm bans on any felony conviction. Misdemeanor §245(a)(2) triggers PC §29805's 10-year California ban. Neither Lautenberg nor state expungement restores federal firearm rights on felony convictions.
Can PC §245(a)(2) be expunged?
Yes if probation granted and completed — PC §1203.4. State prison sentences require PC §1203.42 or Certificate of Rehabilitation. Expungement does not eliminate the strike designation and does not restore federal firearm rights. We recommend pursuing §17(b) reduction before expungement.
Available 24/7 — Free Consultation
Charged with PC §245(a)(2) Firearm Assault?
Firearm-use enhancements can add 10 years. Rubin Law, P.C. targets enhancement dismissal, wobbler reduction, and PC §417 negotiation. Call (213) 723-2337.