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How to Fight an Aggravated Assault Charge: Penal Code Section 245

Aggravated Assault is a very serious allegation in San Diego County and the State of California. Aggravated Assault requires a clear intent to cause serious bodily injury to another person.

California Penal Code Section 245(a) (1) states: 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. Aggravated Assault can also be committed with a firearm, which increases the criminal penalties.

A felony conviction may qualify as a "strike" under California's Three Strikes Law. This may result in a much longer prison sentence of 25-years to life, depending on the previous criminal history.

Aggravated Assault is a "wobbler" in California. This means it can be charged as a misdemeanor or felony. A misdemeanor conviction may result in up to one year in county jail, probation, confiscation of firearms, fines, and other criminal sanctions.

An experienced criminal defense attorney is critical when facing PC 245 charges. They will know how to protect your constitutional rights and provide a strong defense to give the best representation possible.

Here are some questions that can be investigated and argued by an experienced criminal defense attorney.

  • Was there an unlawful search and seizure of your body or property?
  • Did you provide statements in violation of your Miranda or Fifth Amendment Rights?
  • Was it self-defense?
  • Was there a mistaken identification?

Did someone have a motive or bias to lie and do harm to you or your family?

Contact Kern Law, APC today if you have been charged or are under investigation for PC 245, Aggravated Assault.