What are the factors or elements for 245(a)(2) PC Assault With a Firearm (AWF)?
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. This means that it may be charged and punished as either a California misdemeanor or a California felony, depending on the circumstances of the case.
If it is charged as a misdemeanor, assault with a generic firearm is punishable by six (6) months to one (1) year in county jail. Charged as a felony, it carries a California state prison sentence of two (2), three (3) or four (4) years.
But assault with a firearm is always a California felony if it is carried out with a machine gun, assault weapon, .50 BMG rifle, or semiautomatic firearm.
In that case, the potential state prison sentence can range from three (3) to twelve (12) years.
Moreover, the maximum penalties will increase if the alleged victim is a law enforcement officer, firefighter, or other protected person.
How can we defend you against charges of California Penal Code 245(a)(2) PC Assault With a Firearm?
- You did not act intentionally or with the required intent;
- You were wrongfully accused; or
- You acted in self-defense or defense of someone else.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on weapons charges for more info.