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Can I Be Charged with Assault with a Deadly Weapon in Santa Ana if I Did Not Use A Firearm?

The answer is yes. Under California Penal Code 245(a)(1) PC, assault with a deadly weapon does not have to involve a firearm.

The jury instructions for PC 245(a)(1) assault with a deadly weapon (also known as “ADW” in California) make it clear that a deadly weapon doesn’t have to be a gun–or even something we usually think of as a “weapon.” It can be any object that is being used in a manner that makes it likely to cause great bodily injury.

This means that you can commit California assault with a deadly weapon with items like:

  • A bottle;
  • A pencil (used to stab someone);
  • A dog that will attack on command;
  • A screwdriver; or
  • A car.

That said, the penalties for PC 245(a)(1) charges are harsher if you are accused of committing ADW with a firearm.

For starters, if you are charged with PC 245(a)(1) assault with a deadly weapon involving a firearm, you will face a minimum jail sentence of six (6) months–which isn’t true for ordinary ADW.

Call us today to discuss your situation.

Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418