Definition
Assault with a Firearm under California Penal Code Section 245 A 2, is a criminal offense and it is normally filed as either a felony or misdemeanor. It is the willful act of assaulting someone else with a firearm, and this same force could cause physical injury to the victim.
Elements of the Crime
In order to take an Assault with a Firearm CPC 245 A 2 case to trial, certain elements of the crime will have to be proven. These include:
· That the defendant assaulted someone
· The defendant used either a:
o Firearm
o Machine Gun
o Rifle
o Semi-automatic
o Some other form of weapon
Punishments for CPC 245 A 2
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the kind of firearm used, the victim’s injuries, and also an defendant’s criminal history.
Types of Firearms (individual penalties)
Assault with a Standard Firearm – usually filed as either a misdemeanor or felony and this includes:
· As a misdemeanor, the charges are six months to one year in jail, and up to ten thousand dollars in fines
· As a felony, between two to four years in prison and up to ten thousand in fines
Semi-automatic Firearm – A felony, which is punishable by three, six or nine years in prison
Machine Guns, Rifles, Assault Weapons – A felony, which is punishable by four, eight or twelve years in prison
Special Provisions:
There are increased prison times and fines if:
· The assault was intended to kill someone else, in which case it would also be attempted murder
· The assault was directed at a protected individual, like a police officer
Legal Defenses for California Penal Code 245 A 2
A good lawyer can present many legal and valid defenses for Assault with a Firearm charges under California Penal Code 243 A 2 to prove someone’s innocence. A legal defense team can argue that the guilty party was falsely accused, or that they were acting in self defense.
Learn more about other California Section Penal Codes here.
