In California, assault charges can be classified under various statutes depending on the circumstances of the alleged offense. Two such charges, "assault with a deadly weapon" and "assault with a firearm," are often confused due to their similarities, but they carry distinct legal implications, definitions, and penalties. Understanding the legal differences between these two charges is crucial for anyone facing allegations or involved in a criminal case related to the assault.
In this blog, we'll break down both offenses, including their definitions, legal consequences, and the penalties you may face if convicted. Additionally, we'll discuss how legal representation, particularly from experienced criminal defense lawyers in California, can help you navigate these serious charges.

What Is Assault With a Deadly Weapon?

California Penal Code 245(a)(1) states that assault with a deadly weapon (ADW) refers to the act of attacking someone with a weapon or object that is capable of causing death or significant bodily injury. A "deadly weapon" is not restricted to traditional weapons such as guns or knives; it can also include any object that could inflict serious harm or even death, such as a baseball bat, a large rock, or a car.
For a charge of assault with a deadly weapon to stick, the prosecution must prove that the defendant:

• Committed an assault: An assault in legal terms means an attempt to use force or violence on another person, even if physical contact wasn't made.
• Used a deadly weapon: This could include any object capable of causing death or significant injury. The prosecution should prove that the weapon used was indeed capable of causing such harm.

Assault with a deadly weapon is a wobbler in California, meaning it can be treated as a misdemeanor or felony depending on the incident's severity and aggravating factors. If felony charges are filed, the penalty can include up to four years in state prison.

What Is Assault With a Firearm?

California Penal Code 245(a)(2) states that assault with a firearm involves using a firearm to commit an assault, including pointing it at someone, firing it, or displaying it in a threatening manner.
To be charged with assault with a firearm, the prosecution must prove that:

• The defendant pointed, fired, or used a firearm (e.g., pistol, rifle, shotgun, semi automatic firearm, etc.).
• The firearm was used in a manner likely to cause great bodily injury or death: This could include firing the weapon at the victim, or even the act of brandishing a firearm in a threatening manner.

Assault with a firearm is considered a more serious offense than general assault with a deadly weapon, primarily due to the specific nature of the weapon involved, a firearm. The penalties for assault with a firearm can be severe, with the charge being classified as a felony in most cases. If convicted, a defendant may face:

• A two to four years prison sentence for using a regular firearm.
• Up to nine to 12 years if a semiautomatic firearm, assault weapon, or machine gun was used in the commission of the assault.

Key Differences Between Assault With a Deadly Weapon and Assault With a Firearm

While both charges involve the use of dangerous objects to threaten or harm others, there are several key differences between assault with a deadly weapon and assault with a firearm.

1. The Type of Weapon Used
The primary difference between these two charges is the type of weapon used. Assault with a deadly weapon is a broader charge that can involve any weapon or object capable of causing serious harm. In contrast, assault with a firearm is a more specific offense that focuses solely on firearms.

• Assault with a deadly weapon: Assault with a deadly weapon can involve any object capable of causing significant harm (e.g., knives, vehicles, rocks, etc.). Can a baseball bat be considered a weapon? Yes, if it is used in a way that could cause great bodily injury or death.
• Assault with a firearm: Exclusively consists of a firearm, including handguns, rifles, shotguns, and even more dangerous weapons like assault rifles.

2. Severity of the Offense
Assault with a firearm is considered more serious due to the inherent danger of firearms, resulting in harsher penalties under California law. In contrast, assault with a deadly weapon may carry slightly lighter penalties, depending on the circumstances.

3. Legal Penalties
The penalties for both charges are severe, but assault with a firearm usually carries longer prison sentences and is less likely to be reduced to a misdemeanor. Assault with a deadly weapon can be charged as a misdemeanor or felony, but its maximum sentence is typically lower than that for assault with a firearm.
Defending Against Assault With a Deadly Weapon or Assault With a Firearm Charges
Assault with a deadly weapon and assault with a firearm are felonies with significant penalties, but they are not automatic convictions. With the help of a skilled criminal defense lawyer in California, charges may be reduced, dismissed, or even avoided.
Common defenses for these charges include:

• Lack of intent: To be convicted of assault, the defendant must have intended to commit an assault. If you can show no intent to harm, the charges may be reduced or dismissed.
• Self-defense: If you can demonstrate that you were acting in self-defense or protecting others from harm, this can be a powerful defense.
• Mistaken identity: If the victim mistakenly identified you as the person who committed the assault, a defense based on mistaken identity may be viable.
• Lack of a deadly weapon: If the weapon used does not meet the legal definition of a "deadly weapon," this can be used as a defense in an assault with a deadly weapon case.

Law Firm for Assault in California

Assault with a deadly weapon and assault with a firearm are serious charges that carry long prison sentences and significant fines, but they are not automatic convictions. Working with a knowledgeable criminal defense attorney in California is essential to defending your rights and receiving the best possible defense. Bulldog Law's skilled attorneys are ready to guide you through the complexities of your case, helping you pursue a favorable outcome.
Each case is unique, so having knowledgeable legal representation can make a significant difference. A skilled defense attorney can help you understand your options, protect your rights, and fight for the best possible result, whether you're facing assault with a deadly weapon or assault with a firearm charges. Additionally, your attorney can advise you on things to avoid doing if you're accused of assault to help strengthen your defense.