Penal Code §245(a)(1)

California Penal Code 245(a)(1): assault with a deadly weapon

PC 245(a)(1) addresses assault with a deadly weapon or instrument other than a firearm. Compare the assault definition, weapon allegation, and sentencing alternatives.

What the subdivision covers

Section 245(a)(1) concerns an assault upon another person with a deadly weapon or instrument other than a firearm. Section 240 supplies the underlying definition of assault: an unlawful attempt, with present ability, to commit violent injury.

The statute distinguishes this subdivision from assault with a firearm and from section 245(a)(4), which concerns force likely to produce great bodily injury. The charging subdivision should be identified before evaluating a penalty summary.

The weapon question

A fact-specific review asks what object is alleged, how it was used, the distance and sequence of the encounter, and what witnesses or recordings actually show. The name of an object alone does not resolve every element of an assault-with-a-deadly-weapon charge.

Misdemeanor and felony punishment paths

Section 245(a)(1) lists state prison for two, three, or four years; county jail for up to one year; a fine up to $10,000; or specified combinations of fine and imprisonment. The available path and actual outcome depend on the charge and case facts.

Other subdivisions of section 245 carry different penalties, including provisions involving firearms and protected occupations. Do not apply the (a)(1) range to a different subdivision.

Common questions

Is section 245(a)(1) the same as simple assault?

No. Section 240 defines assault. Section 245(a)(1) adds the allegation of a deadly weapon or instrument other than a firearm and has its own punishment provision.

Does the statute allow either county jail or state prison?

Yes. The text of section 245(a)(1) lists both paths, along with fine provisions. Which applies to a particular case requires review of the charge and record.

Sources

Legal information disclaimer

This page is general legal information, not individualized legal advice, and it does not account for the facts of any particular case. Reading it or contacting the firm does not by itself create an attorney-client relationship. Statutes and procedures change; confirm the current text with the official source before relying on it.