Orange County Firearm Crime Lawyers
Most people who choose to own firearms store and use them responsibly. Their rights to do so are guaranteed by the Second Amendment of the U.S. Constitution. At The Law Offices of Bryan R. Kazarian, we have established a long record of vigorously defending the rights of Orange County citizens who are charged with a criminal offense involving the use of a firearm.
What is Assault With a Firearm/Assault Rifle CPC § 245(B)&(C)?
California Penal Code § 245 addresses penalties for assault with a deadly weapon.
- Under subsection (b), if you assault another person with a semiautomatic weapon, you will be charged with a felony and can be sentenced to prison for three, six, or nine years.
- Under section (c), if you assault a peace officer or fireman with a deadly weapon or instrument that is not a firearm, and you should know that the person is a peace officer or fireman performing their duties, you can go to prison for three, four, or five years.
Both subsection (b) and (c) of CPC § 245 are felony criminal offenses and cannot be reduced to misdemeanors. Moreover, both above charges are considered to be a “serious felony” as defined in CPC § 1192.7(c) and are therefore a “strike” under California’s Three Strike laws. If you have been charged under CPC 245 § (b) or (c) in Orange County, you should immediately seek the counsel of a criminal defense lawyer with experience in such cases.
Elements of the Charge
Remember that the burden of proof rests upon the prosecution. For you to be convicted of CPC 245(c), the state must prove all these elements beyond a reasonable doubt:
- You committed an act on a peace officer or fireman with a firearm that would most likely result in the application of force.
- You did the act willfully..
- You knew or should have known that the act you committed would most likely result in the application of force.
- You had the present ability at the time to apply force to a peace officer or fireman.
- The peace officer or fireman was lawfully engaged in the performance or their duties.
- You knew or reasonably should have known the person was a peace officer or fireman.
Penalties for Assault With a Firearm/Assault Rifle
If you have been charged with California Penal Code § 245 (a)(2) assault with a firearm, the penalties you may face if convicted depend on what kind of weapon that you have been accused of using.
- Assault with a generic firearm is considered a “wobbler” under California law, meaning that you may be charged either with a misdemeanor or a felony. The prosecution will decide which crime depending on the specifics of your case and/or your criminal record.
- If you are found guilty of a misdemeanor assault with a generic firearm, you may be sent to county jail for a minimum term of six months and not more than one year.
- If you are found guilty of a felony assault with a generic firearm, you may be sent to California state prison for 2, 3, or 4 years.
- Assault with a firearm that is a machine gun, assault weapon, .50 BMG rifle, or semiautomatic firearm is always a felony.
- If convicted of assault with one of these weapons, you may be sent to state prison for 3 to 12 years.
- If your alleged victim is a law enforcement officer, firefighter, or other protected person, the penalties can be more severe.
You should be aware that you can be convicted in California of assault with a firearm even if you did not injure anyone. In fact, even if you made no physical contact with your alleged victim, you can be convicted under CPCC § 245(a)(2).
Common Defenses for Assault With a Firearm/Assault Rifle
To defend yourself against a charge of assault with a firearm, you will need a criminal defense attorney experienced in defending clients in cases charged under CPC § 245. Common legal and factual defenses against a charge of assault with a firearm may include:
- You acted to defend yourself or someone else. If you were threatened with harm by the alleged victim, or you saw that someone else was threatened with harm by the alleged victim, you may have acted within your legal rights to protect yourself or someone else.
- You did not act willfully or with the required intent.
- You were wrongfully accused. You may have been misidentified by the alleged victim and/or witnesses, or your actions may not have risen to the requisite elements of the crimes discussed above.
Protect your Rights
If you have been accused in Orange County of a crime under CPC § 245, you need to engage an experienced criminal defense attorney who can immediately begin investigating your matter and work toward the best possible outcome. The attorneys at The Law Offices of Bryan R. Kazarian bring decades of experience aggressively defending clients charged with California Penal Code § 245. Call us now at 855 918 4253 or visit us online to schedule a consultation.
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