Assault with a Deadly Weapon — PC 245 | Law Office of Aaron P. McAllister

In plain English

How serious is this?

ADW covers attacking — or trying to attack — someone with a weapon, or with force likely to cause serious injury. How much you actually face turns almost entirely on one decision: whether it is filed as a misdemeanor or a felony.

This can be a strike A felony conviction for assault with a deadly weapon counts as a strike under California's Three Strikes law. That follows you for life and can double the sentence on any future felony. Keeping the charge a misdemeanor — or defeating it — is often the single most important objective in these cases.

Broader than people expect No one has to be injured — or even touched — for this charge to be filed. A swing or a throw that misses can be enough. And an ordinary object — a bottle, a tool, a shoe, a car, even a dog — can count as a "deadly weapon" depending on how it was used. This is why many people are surprised to be facing an assault charge at all.

Case reference — ADW · non-firearm
Case reference	ADW · non-firearm
Section	PC 245(a)(1)
Severity	Wobbler (misd / felony)
Injury required	No
Contact required	No
Custody exposure	≤ 1 yr jail · or 2–3–4 yrs prison
Max fine	≤ $10,000
Strike	Yes if felony
Instruction	CALCRIM 875

Reduction paths: PC 17(b) motion · plea to simple assault (PC 240) or battery (PC 242). Statute of limitations 3 years (PC 801). Figures are ranges — confirm against current statute.

What it carries, on paper

Penalties — ADW · non-firearm
Penalty	Range
If a misdemeanor	Summary probation · up to 1 year county jail · fine verify — see note below
If a felony	Formal probation · 2, 3, or 4 years state prison · fine up to $10,000
Strike consequences	A felony conviction counts as a strike — future felonies carry doubled sentences and reduced credits
Firearms	A felony conviction means a lifetime firearms ban; a misdemeanor carries a 10-year ban verify
Immigration	Can be treated as a crime of violence or aggravated felony — serious risk for non-citizens verify
Also expect	Victim restitution · possible protective order · loss of the weapon

The first few hours

Common mistakes people make early

In assault cases, most of the damage — and most of the lost opportunity — happens in the first weeks, while the charging decision is still open.

Letting the video disappear Store, doorbell, traffic, and bar cameras are typically overwritten within weeks. Footage showing who moved first is often decisive, and it has to be demanded quickly.

Not photographing your own injuries If you were defending yourself, marks on you are the proof — and they fade in days.

Giving a statement to the police Explaining that you "only waved it" or "just wanted to scare him" can supply the willfulness the prosecution needs.

Assuming an ordinary object can't be a weapon A bottle, a pipe, a shoe, a car, even a dog can qualify depending on how it was used — people admit to conduct they think is harmless.

Contacting the accuser or witnesses Reaching out to "sort it out" can be charged as witness intimidation — a separate and serious offense.

Assuming being drunk explains it Voluntary intoxication is generally not a defense to this charge, and saying so to police only confirms the act.

Waiting to get a lawyer The charging decision — misdemeanor or felony — is often still open early, and that is when it can be influenced.

Before the first meeting

What to bring your lawyer

Any charging or arrest paperwork, and any protective order.
An honest timeline of the incident — including what led up to it and who did what first.
Photos of any injuries to yourself, and the object involved if you still have it.
Where cameras may have been — the businesses, homes, or intersections nearby.
Names and numbers of everyone who saw it, and any texts or messages from before or after.

Mitigation packet — bring whatever applies

Good outcomes often turn on who you are, not just what happened. Start gathering these early — we use them to argue for reduction, diversion, or a lighter sentence. This same packet helps in any charge we defend, so it's worth building once and keeping.

Education — diplomas, transcripts, enrollment or admission letters.
Family & dependants — photos of your children and family, and proof you support them.
Military service — proof of service or discharge papers (DD-214).
Employment — proof of work, a letter from your employer, recent pay records.
Medical — diagnosis, hospital records, and treatment history for any condition.
Steps already taken — proof of enrollment in an anger-management, counseling, or treatment program.
Character — reference letters and evidence of community or volunteer involvement.

What you can do now

Write down every place a camera might have been — and tell your lawyer today, so preservation letters go out before footage is overwritten.
Photograph any injuries to yourself — several angles, ideally date-stamped — while they are still visible.
Consider enrolling voluntarily in an anger-management or counseling program — starting before court shows real initiative.
Have no contact with the accuser or witnesses; route everything through your lawyer.
Avoid discussing the case with anyone but your lawyer — and never on social media.

The law — for counsel

Elements

PC 245(a)(1) — CALCRIM 875

(1) The defendant did an act with a deadly weapon other than a firearm — or by means of force likely to produce great bodily injury — that by its nature would directly and probably result in the application of force to a person; (2) the act was willful; (3) the defendant was aware of facts that would lead a reasonable person to realize the act would directly and probably result in the application of force; (4) the defendant had the present ability to apply force with a deadly weapon or force likely to produce GBI; and (5) the defendant did not act in self-defense or defense of another.

Counterintuitive points

No touching, no injury required. The act need only be one that would probably result in the application of force — a swing that misses still supports the charge.
Willfulness attaches to the act, not the harm. No intent to injure, frighten, or break the law is required — only that the act was done on purpose.
Hands and feet are not deadly weapons. Bare-hands force goes to 245(a)(4) (force likely to produce GBI), not (a)(1) — a distinction that carries directly into the strike analysis. verify — People v. Aguilar (1997) 16 Cal.4th 1023
Inherently deadly vs. deadly as used. Where an ordinary object is alleged, the theory must be that it was used in a manner capable of and likely to produce death or GBI — instructing on both theories where only one is supported is error. verify — People v. Aledamat (2019) 8 Cal.5th 1
The strike line. A felony under (a)(1) with a deadly weapon is a serious felony and a strike regardless of injury; a felony under (a)(4) is a strike only where GBI was actually inflicted. verify — PC 1192.7(c), 667.5(c)
General intent. Voluntary intoxication is not a defense; involuntary intoxication may be.

Where it escalates

The 245 family — related subdivisions

Worth confirming which subdivision is actually charged; the exposure and strike consequences differ sharply.

The 245 family — related subdivisions
Section	Conduct	Exposure
245(a)(1)	Deadly weapon other than a firearm	Wobbler · 2–3–4 yrs
245(a)(2)	Ordinary firearm	Wobbler · misd. min. 6 mos
245(a)(3)	Machine gun, assault weapon, .50 BMG	Felony · 4–8–12 yrs
245(a)(4)	Force likely to produce GBI	Wobbler · strike only if GBI
245(b)	Semiautomatic firearm	Felony · 3–6–9 yrs
245(c)/(d)	Peace officer or firefighter	Felony · elevated terms

Lesser includeds commonly in play: simple assault (PC 240) · battery (PC 242) · brandishing (PC 417). Confirm all terms against current statute.

Where it is fought

Jury instructions & bench notes

CALCRIM 875 is the core instruction — note it covers 245(a)(1)–(4) and (b), so the correct alternative must be selected for the weapon alleged. verify against current CALCRIM edition
CALCRIM 3470 (self-defense / defense of another) will usually pair with it — confirm the theory is properly requested.
Watch the bench notes on the inherently-deadly versus used-as-deadly alternatives, and on lesser included instructions for PC 240.

Common defenses

Self-defense or defense of others: the client reasonably believed in imminent danger and used proportionate force — usually the strongest theory, and the one video and injury photographs support.
The object was not a deadly weapon: not inherently deadly, and not used in a manner capable of and likely to produce death or GBI — this can drop the charge to simple assault.
No willful act: accident, reflex, or a medical episode; intent is the least tangible element and often the most attackable.
No present ability: the client could not have applied the force alleged from where they were.
False or exaggerated accusation: impeach with prior inconsistent statements, messages, and motive — anger, jealousy, or pre-emption of the client's own complaint.
Mistaken identity: alibi, phone location data, and video where the incident was at night or the assailant obscured.
Unlawful search, arrest, or interrogation: suppression under PC 1538.5; body-worn and dash camera footage often supplies the record.
Involuntary intoxication, duress, or necessity where the facts support it.
No injury or damage: not a defense to the elements, but central to keeping the charge a misdemeanor and to the strike analysis — a point we press.

Common questions

FAQs

01Did I have to actually hit someone?

No. ADW does not require contact or injury. It is enough that you did something that would probably have resulted in force being applied — a swing or a throw that misses can support the charge.

02Can an everyday object be a "deadly weapon"?

Yes, depending on how it was used. A bottle, pipe, baseball bat, car, or even a dog can qualify if used in a way capable of causing death or serious injury. Bare hands and feet are treated differently and fall under a separate subdivision.

03Will this count as a strike?

A felony conviction under this section counts as a strike, which can double the sentence on any future felony. A misdemeanor conviction does not. That is why the misdemeanor-versus-felony question is usually the central fight.

04Can a felony charge be reduced to a misdemeanor?

Often, yes. Because this is a wobbler, it can be filed as a misdemeanor, negotiated down, or reduced later by motion under Penal Code 17(b). The strength of the evidence, the object involved, any injuries, and your record all bear on it.

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Draft — pending firm verification
Laid up 4 August 2026 by ByteZero Marketing from the firm's supplied charge-page template (31 July 2026), for review by the Law Office of Aaron P. McAllister. Every legal statement follows the firm's template wording; every legal figure to be verified against primary authority and approved before publication. Primary sources: Pen. Code §§ 245, 240, 12022.7; CALCRIM 875, 3470. To be revisited if the statutes or jury instructions change.

Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034. Attorney advertising. This page is general information about California law, not legal advice. Prior results do not guarantee a similar outcome. Submitting information through this website does not create an attorney–client relationship.