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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:
245. (a) (1) 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 ...
Under Penal Code 245(a)(2) PC, California laws deem assault with a firearm to contain four elements. These are the facts that a prosecutor must prove before a defendant can be found guilty of a firearm assault. A defendant used the firearm in a manner that would have led to the application of force. The defendant acted willfully
Cal. PEN Code § 245 - 245. (a) (1) 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,
The penalties for PC 245(a)(2) assault with a firearm depend on the type of weapon that what was allegedly used to perpetuate the crime. Assault with a generic firearm is a “wobbler” in California law.
The legal definition of California assault with a deadly weapon, Penal Code 245(a)(2) PC, consists of the following “elements of the crime”: You performed an act with a firearm that, by its nature, would probably result directly in the application of force to someone else;
1 Ιαν 2023 · (a) (1) 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 imp...