Assault with a Firearm

The California Law on Assault with a Firearm

California Penal Code Sec 245(a)(2) defines the crime of assault with a firearm. This crime is defined as an unlawful attempt coupled with the present ability to commit a violent injury upon another individual.

The special aspect of this crime is the use of a firearm, be it a generic firearm, assault weapon, machine gun, .50 BMG rifles or semi-automatic rifles.

In order to be convicted of this crime, the following elements need to be proven:

  • Assaulting another person;
  • The commission of the assault used any of the above described firearms;

 
The firearm must be loaded and operable to commit this crime. This crime though can still be committed if the said firearm is used as a bludgeon either through pistol whipping the victim.

The imposable penalties under this crime depends on the type of firearm used and the character of the victim. When the firearm used in committing the crime is a generic firearm, then the imposable penalties include payment of fines up to $10,000 and up to twelve months in county jail. When convicted for a felony offense of this crime, then the imposable penalties would be up to four years in state prison and the same fine. If the victim is a peace officer or firefighter, then the prison time is increased up to eight years in state prison and the same amount of fines.

Other accessory penalties include destruction of the firearm used in the crime. Furthermore, the convicted individual would lose the right to own, possess, purchase or receive a firearm. This prohibition can be from ten years to life, depending on the circumstances of the conviction. Also, if the convicted individual is a legal alien or legal immigrant, then the conviction could result in the alien being placed in removal proceedings.

For more information about the crime of assault with a firearm, contact our criminal attorney for a consultation about the circumstances of your case.