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.
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.
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.