Assault with a firearm is a serious gun crime. When someone assaults another person and utilizes a gun in the crime, the crime is elevated to assault with a firearm. Assault is a willful act in which someone intends to inflict harm to another by force.
Assault with a firearm is defined in California Penal Code 245. In order to convict on a charge of assault with a firearm, the prosecutor must prove the defendant committed an assault and used a firearm during commission of the crime. If you were charged with assault with a firearm, call us to discuss the matter.
To prove assault with a firearm, the prosecutor must prove the elements of the crime beyond a reasonable doubt. The elements of assault with a firearm include:
- The defendant must have willfully intended to take actions that would be likely to result in bodily harm to another. You intended to harm another.
- It is important to note that assault involves the attempt to inflict injury or death, even if the result was not accomplished.
- You used a firearm in the commission of the assault. The firearm can be used by you or another person acting with you.
- The defendant must have the ability to carry out the assault. In an assault, the defendant need not actually touch the victim.
- The charge may be either a misdemeanor or a felony, depending on the circumstances. Every case is different and it is up to the prosecutor to determine the charges based on a number of factors and the evidence in the case.
The penalties for assault with a firearm are severe because of the use of a gun during the commission of a crime. As a misdemeanor the penalties include jail time of up to a year and a fine of up to $1,000.As a felony conviction the penalties include two to four years in state prison and a fine of up to $10,000.
The judge may impose either a jail sentence or a fine, or both. The crime is part of the California three strike law. The second conviction doubles the potential penalties. A third conviction can result in 25 years to life in prison.
- When an assault gun or semi-automatic rifle was used, the charge is automatically a felony. The penalties for assault with a non-generic firearm are enhanced, with a maximum of up to 12 years in prison if convicted.
- Penalties are also increased if the victim is a police officer or firefighter who is on duty and carries a punishment of 4 to 12 years in prison.
- The charge of personal use of a firearm could also be added and you could face additional penalties of up to 10 years in jail. The conviction of assault with a firearm will also result in the loss of gun ownership rights.
If you or a loved one is facing assault with a firearm charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
If you have been charged with
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The Law Offices of David Lehr provides legal representation to individuals facing felony charges of assault with a firearm in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
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