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Posted in Assault FAQ'S on December 2, 2014
Unfortunately, the penal code allows for this. While typically you cannot be charged with an enhancement that covers the exact same conduct for which you are charged in the underlying offense, the state legislature made an exception for offenses under PC 245. The additional firearm enhancements for personal use of a firearm can add a…
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Posted in Assault FAQ'S on December 2, 2014
In California, PC 245(a)(3) Assault with a Machinegun / Assault Weapon is an irreducible Felony. If you or a family member has been arrested for Assault With a Machine Gun or Assault Rifle (PC 245(a)(3)), call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
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Posted in Assault FAQ'S on December 2, 2014
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. However, the weapons described in PC 245(a)(3) are also illegal under other sections of the California Penal Code, so defenses to PC 245(a)(3) may not be absolute defenses to ALL related crimes, but just…
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Posted in Assault FAQ'S on December 2, 2014
A machine gun under PC 245(a)(3) is defined as any weapon that shoots/is designed to shoot/can be readily restored to shoot automatically more than one shot by a single function of the trigger and without manual reloading. Assault weapons are covered by PC 245(a)(3) and include a laundry list of banned weapons from Penal Code…
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Posted in Assault FAQ'S on December 2, 2014
PC 245(a)(3) is commonly known as Assault With an Assault Weapon in California. To prove that a defendant is guilty of PC 245(a)(3), the prosecutor must prove five things: That the defendant did an act with a (machine gun/assault weapon/ .50 BMG rifle) that by its nature would directly and probably result in the…
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Posted in Assault FAQ'S on November 25, 2014
Because PC 245(a)(2) can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: Up to 1 year of jail, but with a MINIMUM required 6 months of jail. Up to $1,000 in fines A 10 year prohibition on firearm ownership / possession pursuant to…
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Posted in Assault FAQ'S on November 25, 2014
In California, PC 245(a)(2) Assault with a Firearm is a wobbler, meaning it can be EITHER a misdemeanor OR a felony. This decision depends heavily upon the facts as well as the defendant’s prior criminal history. I’m charged with PC 245(a)(2) Assault with a Firearm – Can the prosecutor also file an enhancement for personal…
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Posted in Assault FAQ'S on November 25, 2014
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, PC 245(a)(2) defenses fall into one of three categories: False Allegations: False allegations are common with assault charges. Often the person making the false allegations does so because they are worried about their…
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Posted in Assault FAQ'S on November 25, 2014
A firearm under PC 245(a)(2) is defined as any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion. If you or a family member has been arrested for Assault With a Firearm (PC 245(a)(2)),…
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Posted in Assault FAQ'S on November 25, 2014
PC 245(a)(2) is commonly known as Assault With a Firearm in California. Firearms would include all single action handguns, such as revolvers & pistols, as well as shotguns and rifles. To prove that a defendant is guilty of PC 245(a)(2), the prosecutor must prove five things: (1) That the defendant did an act with a…
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