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The crime of assault with a deadly weapon consists of the following elements, all of which need to be proven beyond a reasonable doubt: The defendant committed an act with a deadly weapon that by its nature would directly and most likely result in the application of force on another person OR the defendant did not use a weapon but used force ...
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Penal Code § 245(a)(1) PC (assault with a deadly weapon) is defined as attacking or attempting to attack another person with a weapon capable of causing death or great bodily injury. Prosecutors can charge this offense as a misdemeanor or a felony , carrying up to 4 years in jail or prison.
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Assault with a firearm is a very serious felony offense under California Penal Code Section 245 (a) (2) PC. To prove an allegation of assault with a firearm, a prosecutor must be able to establish the following elements:
