Under California Penal Code section 245, assault with a deadly weapon is an unlawful attempt, coupled with a present ability, to inflict bodily injury upon an individual while using a deadly weapon. A deadly weapon is any object that may be used to inflict severe bodily injury. Assault with a deadly weapon is also referred […]
Under Penal Code section 241, to convict you of assault in Ventura a prosecutor has to prove that you willfully and unlawfully attempted to injure someone else and had the present ability to do so. Essentially, this means that: (1) You tried to injure someone else (2) You were in control of your actions; and […]
You will be given a certain amount of leeway if you can establish that you were not the initial aggressor, meaning you did not start the fight or was the first to draw a weapon. However, you can still face criminal charges if you continued to exhibit aggression or use force after the threat is […]
Can I purchase or own a gun if I have been convicted of a misdemeanor? Also, how can I get my gun rights reinstated if I want to purchase a firearm? A: California’s gun laws are some of the most complicated, vague and confusing laws of any laws on the books anywhere. There are a […]
The answer to this question really depends on the exact charge under section 245(a)(1). This crime can be a serious felony, or a “strike” if the victim actually suffered great bodily injury or if it was committed with the use of a dangerous or deadly weapon. It can also be a regular, non-strike felony if […]
Penal code section 245(a)(1) is one of the most confusing penal code sections in California. That is because it can be a strike offense or a non-strike offense depending on how the district attorney charges the case. If you are accused of using a deadly weapon or causing great bodily injury to a victim in […]
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