What Does a 245 PC Charge Mean in California?
Learn how California law defines and prosecutes assault with a deadly weapon under Penal Code 245, including penalties and legal considerations.
California Penal Code section 245, often called “assault with a deadly weapon,” is a serious charge stemming from physical fights or threats. It covers a wide range of actions, from using objects like bottles or bats in a fight to incidents involving firearms. A conviction can significantly affect a person’s future, including employment, immigration status, and civil rights.
Elements of the Offense
For a conviction under Penal Code section 245, the prosecution must prove specific elements beyond a reasonable doubt.
Force or Violence
One key element involves using force likely to produce great bodily injury, or applying force with a deadly weapon. The term “application of force” refers to any harmful or offensive touching, however slight, even through clothing. Critically, the prosecution doesn’t need to prove an injury occurred. The focus is on whether the force used was capable of causing significant physical injury (“great bodily injury”), based on the nature of the act, not the result. Swinging a heavy object at someone could qualify, even if it misses.
Use of a Deadly Weapon
When the charge involves section 245(a)(1), the prosecution must show a deadly weapon other than a firearm was used. This element centers on how an object was employed. The defendant must have used an object in a way that could directly and probably apply force to someone, possessing the immediate ability to do so. The object’s classification as “deadly” depends on how it was wielded in the specific situation.
Willful Conduct
The defendant must have acted willfully, meaning they performed the action willingly or on purpose. This doesn’t require intent to break the law or cause injury, only the intent to commit the act constituting the assault. The prosecution needs to show the defendant was aware of facts that would lead a reasonable person to realize the act would likely result in applying force. An accidental act generally does not meet this standard.
Types of Deadly Weapons
Under Penal Code section 245, a “deadly weapon” includes more than just traditional weapons. It is defined as any object, instrument, or weapon inherently deadly or used in a way capable of, and likely to cause, death or great bodily injury.1Justia. CALCRIM No. 3145. Personally Used Deadly Weapon
Some objects are considered “inherently deadly” because their primary purpose is to cause severe harm, such as dirks, daggers, and metal knuckles. Firearms are typically addressed under specific subsections of the law, distinguishing them from other deadly weapons.
A much broader category includes objects that become deadly based on their use. Almost any item can qualify if wielded in a manner likely to produce death or great bodily injury. Examples cited in legal contexts include baseball bats, knives, bottles, rocks, bricks, blunt objects, screwdrivers, and even vehicles intentionally driven towards a person. An unloaded firearm used as a club could also fall into this category. Determining if an object qualifies requires examining the specific facts, focusing on whether the object, as used, posed a realistic threat likely to result in significant injury.2Justia US Law. People v. Aguilar (1997) 16 Cal.4th 1023
Misdemeanor or Felony Classification
Most violations under Penal Code section 245 are “wobblers,” meaning the prosecutor can charge the offense as either a less serious misdemeanor or a more severe felony. This decision depends on the specifics of the incident.
Factors influencing this choice include the type of weapon used (firearms often lead to felony charges), the extent of any injuries suffered by the victim, the defendant’s criminal history, and the overall context. Assaults involving certain firearms, or assaults on peace officers or firefighters, are typically charged as felonies from the start.
Even if initially filed as a felony, a judge may later reduce a wobbler offense to a misdemeanor under Penal Code section 17(b), often at sentencing or after successful completion of probation, if certain conditions are met.
Sentence Enhancements
Beyond the base sentence for a Penal Code section 245 conviction, California law allows for sentence enhancements – additional prison time added for specific circumstances.
A common enhancement applies if the defendant personally inflicted “great bodily injury” (GBI) on the victim during a felony assault. GBI means a significant or substantial physical injury, such as broken bones, concussions, or severe wounds. Under Penal Code section 12022.7, this typically adds a consecutive three-year prison term. Longer terms can apply if the GBI results in coma or paralysis (five years), if the victim is under five years old (four to six years), or if the GBI occurs during domestic violence (three to five years). A GBI finding also generally makes the felony conviction a “strike” under California’s Three Strikes Law.
Committing the assault for the benefit of a criminal street gang can also trigger an enhancement under Penal Code section 186.22(b). Recent changes require proof the crime provided a “common benefit” to the gang beyond reputation.3California Department of Justice. Information Bulletin on Gang Enhancement Law Changes (AB 333) This can add two to ten years, depending on the felony’s classification.
Prior felony convictions can significantly increase sentences under the Three Strikes Law (Penal Code sections 667(b)-(i) and 1170.12).4Justia US Law. California Penal Code – Title 2. Sentence Enhancements (2010) A prior “strike” (a serious or violent felony conviction) typically doubles the sentence for a new felony conviction. Two or more prior strikes generally result in a sentence of 25 years to life for any new felony. Many felony section 245 convictions qualify as strikes themselves. Additionally, a prior conviction for a serious felony can add a separate five-year term under Penal Code section 667(a).
Legal Defenses
Several legal defenses may apply to a Penal Code section 245 charge. Self-defense or defense of others is common. A person can use force if they reasonably believed they or someone else faced imminent danger of bodily injury and used only the force reasonably necessary to counter the threat. California generally does not require retreat before using force in self-defense.5Sixth District Appellate Program. Navigating CALCRIM Self-Defense Jury Instructions The prosecution must prove the defendant did not act in lawful self-defense.
Challenging the element of willful conduct is another defense. If the act occurred accidentally, without the purpose required for assault, this defense might succeed, provided the defendant wasn’t acting with criminal negligence.
A defendant might also argue they lacked the “present ability” to apply force at the time of the alleged assault. This means they must have had the actual capability to inflict injury with the weapon or means used. If they were too far away or physically prevented from succeeding, this element might be missing.
Disputing the nature of the weapon or force used can also form a defense. One could argue the object used wasn’t inherently deadly and wasn’t used in a manner likely to cause death or GBI (for section 245(a)(1)), or that the force applied wasn’t actually likely to cause GBI (for section 245(a)(4)). Mistaken identity or false accusation are also potential defenses.
Collateral Consequences
A conviction under Penal Code section 245, especially as a felony, has lasting consequences beyond the court sentence.
One major impact is the permanent loss of firearm rights under state and federal law for anyone convicted of a felony.
For non-U.S. citizens, a conviction can have severe immigration consequences. It may be classified as a “crime involving moral turpitude” or an “aggravated felony,” potentially leading to deportation, denial of naturalization, or exclusion from the U.S.
Professional licenses required for fields like medicine, law, or teaching can be denied, suspended, or revoked. Licensing boards can take action if the conviction is deemed “substantially related” to the profession’s duties, viewing assault as relevant to a licensee’s fitness.
Finding employment and housing often becomes more difficult. While California law limits when employers can ask about convictions, a felony assault record remains a significant barrier. Landlords also frequently conduct background checks.
Other civil rights are affected. Voting rights are suspended during incarceration and parole in California, though automatically restored afterward. Felony convictions typically disqualify individuals from jury service. A conviction could also impact eligibility for government benefits and might be considered in family law cases, such as child custody disputes.
