California Penal Code 245 makes it a crime to assault another person with a deadly weapon or by any means of force likely to produce great bodily injury. Penalties range from up to a year in county jail on the lowest misdemeanor version to 12 years in state prison for the most serious firearm and officer-related charges. The prosecution does not have to prove the victim was actually injured. The statute focuses on the act and its capacity for harm, and it splits into several subsections that treat the same underlying conduct very differently depending on the weapon involved and who was attacked.
What the Prosecution Must Prove
PC 245 builds on California’s basic assault definition: an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. To convict under Section 245, the prosecution has to establish four elements.
- You committed a willful act that by its nature would directly and probably result in force being applied to someone. Accidents don’t count.
- The facts known to you at the time would have led a reasonable person to realize the act could cause force to be applied to another.
- The act involved either a deadly weapon or a level of force likely to produce great bodily harm.
- You had the present ability to carry it out at that moment.
A deadly weapon is not limited to guns and knives. Any object used in a way capable of causing death or serious injury qualifies, including a bat, a bottle, or a car driven at a person. What matters is how the object was used, not what it was designed for. PC 245 is a general intent crime, so the prosecution only has to prove you intended the physical act. It does not have to prove you specifically intended to hurt anyone.
Penalties by Subsection
Section 245 is organized around two variables: the type of weapon or force, and whether the victim was a peace officer or firefighter on duty. Each combination has its own sentencing range.
Assault with a Non-Firearm Deadly Weapon — PC 245(a)(1)
This is the most commonly charged subsection. It’s a wobbler, meaning prosecutors can file it as either a misdemeanor or a felony depending on the circumstances and your record. A misdemeanor carries up to one year in county jail and a fine of up to $10,000. A felony carries two, three, or four years in state prison and the same $10,000 maximum fine.1California Legislative Information. California Code PEN 245
Assault by Force Likely to Produce Great Bodily Injury — PC 245(a)(4)
No weapon is required. A punch that fractures an eye socket, a kick to the head of someone already down, or slamming a person into a wall can all qualify. Penalties mirror PC 245(a)(1): a wobbler carrying up to a year in county jail as a misdemeanor, or two, three, or four years in prison as a felony, with a fine up to $10,000.1California Legislative Information. California Code PEN 245 Prosecutors look at the method of attack, the relative size and strength of the people involved, and any resulting injuries, even though injury is not technically required.
Ordinary Firearm — PC 245(a)(2)
Assault with a standard handgun, rifle, or shotgun is also a wobbler, but the misdemeanor version has a floor: at least six months in county jail, up to one year. The felony version carries two, three, or four years in state prison. Fines run up to $10,000 in either case.1California Legislative Information. California Code PEN 245 If the court grants probation instead of custody, it must impose at least 180 days in county jail as a mandatory condition.
Semiautomatic Firearm — PC 245(b)
Assault with a semiautomatic firearm is a straight felony. There is no misdemeanor option. The sentence is three, six, or nine years in state prison.1California Legislative Information. California Code PEN 245
Machine Gun, Assault Weapon, or .50 BMG Rifle — PC 245(a)(3)
Assault with a machine gun, an assault weapon, or a .50 BMG rifle is always a felony carrying four, eight, or 12 years in state prison.1California Legislative Information. California Code PEN 245
Assaults on Peace Officers and Firefighters
When the victim is a peace officer or firefighter engaged in official duties and you knew or reasonably should have known that, every version of the charge becomes a straight felony with a higher sentencing range. Uniforms, marked cars, or verbal identification are usually enough to establish that you should have known.
- Non-firearm deadly weapon or force likely to cause great bodily injury under PC 245(c): three, four, or five years in state prison.
- Ordinary firearm under PC 245(d)(1): four, six, or eight years in state prison.
- Semiautomatic firearm under PC 245(d)(2): five, seven, or nine years in state prison.
- Machine gun, assault weapon, or .50 BMG rifle under PC 245(d)(3): six, nine, or 12 years in state prison.
All four tiers appear in the statute text.1California Legislative Information. California Code PEN 245 The category of “peace officer” is broad, defined by reference to Penal Code sections 830 and following, and includes police, sheriffs, the Highway Patrol, and many other law enforcement roles.
Consequences Beyond the Sentence
The prison or jail term is only part of what a felony PC 245 conviction produces.
Three Strikes
Penal Code 1192.7(c)(31) lists assault in violation of Section 245 as a serious felony.2California Department of Corrections and Rehabilitation. Definition of Serious Felony Offenses That makes it a strike under California’s Three Strikes Law. A second serious or violent felony conviction doubles the prison term for the new offense, and a third can trigger an indeterminate life sentence with a minimum of 25 years before parole eligibility.3California Legislative Information. California Code PEN 667
Lifetime Firearms Ban
Any felony conviction in California permanently prohibits you from owning, buying, or possessing a firearm. Violating that ban is itself a separate felony under Penal Code 29800.4California Legislative Information. California Code PEN 29800
Professional Licenses and Employment
A violent felony can lead to denial, suspension, or revocation of professional licenses. Healthcare, education, law, law enforcement, and any other state-licensed field are common pressure points. Background check failures can also close off industries that don’t formally require a license.
Immigration
For non-citizens, a PC 245 conviction can be devastating. Assault with a deadly weapon may qualify as a crime of violence or an aggravated felony under federal immigration law, which can trigger deportation, denial of future visa applications, and permanent inadmissibility. In some cases the immigration consequences outweigh the criminal sentence itself.
Probation and Restitution
Not every PC 245 conviction ends in prison. Courts can grant probation on misdemeanor wobblers and, in some cases, on felony convictions too. Probation conditions typically include anger management, a prohibition on firearms and body armor, and community service or labor. For a firearm conviction under PC 245(a)(2), probation requires at least 180 days in county jail unless the judge finds unusual circumstances and states the reasons on the record. Probation is generally not available for straight-felony subsections like PC 245(b) or the officer assault charges.
Restitution is mandatory whenever the victim suffered economic loss. Under Penal Code 1202.4, the court must order full reimbursement for medical expenses, mental health counseling, lost wages, and damaged or stolen property. Restitution is not capped, and it accrues interest at 10 percent per year from the date of sentencing.5California Legislative Information. California Code PEN 1202.4
Common Defenses
Which defenses fit depends entirely on the facts, but a handful come up in nearly every ADW case.
Self-Defense or Defense of Another
This is the defense raised most often. California’s jury instruction, CALCRIM 3470, requires three things: you reasonably believed you or someone else faced imminent bodily harm, you reasonably believed immediate force was necessary to stop it, and you used no more force than a reasonable person would have thought necessary. All three must be met. The threat has to be happening in the moment, not something you fear might happen later, and the force has to be proportional. Pulling a knife on someone who shoved you is not proportional. California imposes no duty to retreat, but you cannot start the confrontation and then claim self-defense when it escalates.
No Present Ability
Because assault requires present ability, a defendant who was too far away, physically restrained, or holding an unloaded gun the victim did not know was unloaded may have a defense. The prosecution has to prove you could have actually carried out the harm at that moment.
Lack of Willful Intent
If the act was genuinely accidental, there was no willful act. The prosecution must show the physical act itself was deliberate. A reasonable mistake about the circumstances can also defeat intent if it meant you did not realize your actions created a risk of harm to anyone.
The Object Was Not a Deadly Weapon
Whether a particular object qualifies as a deadly weapon is a factual question for the jury. A pencil, a shoe, or a phone may or may not qualify depending on how it was used. Defense attorneys regularly argue that the object, used the way it actually was used, could not realistically have caused death or serious injury.
Civil Liability Runs Separately
A criminal case does not resolve the victim’s ability to sue you. Even an acquittal in criminal court leaves a civil case open, and civil cases use a lower standard of proof: more likely than not, rather than beyond a reasonable doubt. The victim can seek compensation for medical bills, lost income, pain and suffering, and property damage, and where the conduct was especially reckless the court can award punitive damages on top. Civil judgments are separate from any criminal restitution the court orders, and they can be substantial when injuries are lasting.