7.5: Assault with a Deadly Weapon — Read

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Figure $\PageIndex{1}$: *A close-up of a gun or deadly weapon.^xi*

The crime of assault with a deadly weapon is defined in section 245 of the California Penal Code.

(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

(4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.⁵⁹

⁵⁹California Penal Code (2024)

This page titled 7.5: Assault with a Deadly Weapon was last modified on Sat, 03 Oct 2026 18:42:45 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by George Cartwright.

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