Home / Criminal Defense / Aggravated Assault (PC 245)
Aggravated Assault (PC 245)
Assault with a deadly weapon (PC 245) is one of the most commonly charged felonies in Orange County — and one of the most aggressively prosecuted. It can be a strike with lifetime consequences.
Categories under PC 245
(a)(1) Deadly weapon (other than firearm)
Knives, bats, broken bottles, vehicles. Wobbler. Felony: 2, 3, or 4 years state prison.
(a)(2) Firearm
Felony in most charging contexts. 2, 3, or 4 years (or 4, 6, 8 with prior strike).
(a)(3) Semi-automatic firearm
Higher exposure. 3, 6, or 9 years state prison.
(a)(4) Force likely to produce GBI (no weapon)
Punching, kicking, throwing — anything capable of GBI even without a weapon. 2, 3, or 4 years.
Sentence enhancements
- Great bodily injury (PC 12022.7): +3 years
- GBI on elderly/child (PC 12022.7(c-d)): +5 years
- Personal use of firearm (PC 12022.5): +3, 4, or 10 years
- Discharge of firearm causing GBI (PC 12022.53): +25-to-life
- Strike if GBI: doubles future sentences
Defenses
- Self-defense / defense of others (CALCRIM 3470)
- Object not "deadly weapon" as used
- No present ability to inflict harm
- Lack of willful intent
- Mistaken identification
- Suppression of unlawfully obtained evidence
Plea negotiation strategies
- Reduce to misdemeanor under PC 17(b)
- Reduce to PC 240 (simple assault) — avoids strike
- Drop GBI enhancement (saves 3 years)
- Drop strike allegation
- Probation in lieu of prison
Charged with PC 245? Contact us immediately. These cases require experienced felony defense.
Frequently Asked Questions
What is California Penal Code 245?
PC 245 covers (a)(1) assault with a deadly weapon other than a firearm; (a)(2) assault with a firearm; (a)(3) assault with a semi-automatic firearm; (a)(4) assault by means likely to produce great bodily injury. All are wobblers — chargeable as misdemeanor or felony.
Is PC 245 a strike under Three Strikes Law?
PC 245 is a strike if it results in great bodily injury (GBI) or involves a firearm. Otherwise, it's a "serious felony" only when it falls under PC 1192.7(c) or 667.5(c) categories. An attorney can sometimes negotiate to avoid the strike designation.
What counts as a "deadly weapon" under PC 245?
Anything used in a way capable of causing GBI or death. Obvious: knives, baseball bats, brass knuckles. Less obvious: a car (vehicular assault), a thrown bottle, even a foot in some cases. The use, not just the object, matters.
Can PC 245 be reduced to a misdemeanor?
Yes — it's a wobbler. PC 17(b) reduction is available at sentencing or after probation. Reducing the charge avoids the felony record, restores most civil rights, and removes the strike (in many cases).
Need Experienced Criminal Defense?
30+ years of Orange County criminal defense. 5,000+ cases. 250+ jury trials. Bilingual.