San Diego Assault with a Deadly Weapon Lawyer
Defending PC245 Assault Charges
Penal Code 245 is known as Assault with a Deadly Weapon. However, this statute does not actually require that a deadly weapon is used. The statute requires either a deadly weapon or force likely to cause great bodily injury.
An “assault” is defined as an unlawful attempt to commit a violent injury upon another person.
Great Bodily Injury, or GBI as it is often called, is defined as an injury that is substantial or significant. Most often a case will be GBI if there is a broken bone or deep laceration.
PC245 is known as a wobbler, which can be charged either as a felony, or a misdemeanor. The decision is made by either the prosecutor or the judge. So, even if it is originally charged as felony, it can still be reduced to a misdemeanor.
PC245 requires that a person assaulted another person with a deadly weapon, or with force likely to cause “great bodily injury.”
To learn more about these serious charges, call our San Diego assault lawyer at (619) 473-5662 today.
Defenses to PC245
- Self Defense: The law has always provided that a person has the right to defend either himself, or someone else. The force used in self-defense must be reasonable under the circumstances.
- False Facts: The accuser is lying or giving facts that are false or exaggerated. False facts can be exposed either by pre-trial investigation by an investigator, or during cross examination by a skilled attorney.
- Lack of Intent: Accident is a recognized defense. If the defendant had no intent to commit an assault, or if it was an accident, then the charges would be dismissed.
Hire a Dedicated San Diego Criminal Defense Lawyer
The Law Offices of Timothy Richardson has handled hundreds of PC245 cases for over 20 years with outstanding success. Many of their cases are dismissed even before charges are filed. So, if you have been charged with PC245, Mr. Richardson is the wise choice for representing you.
Many people who are accused of PC245 have cases that can be won by having the right attorney and legal team behind them. Mr. Richardson exposes the flaws and weaknesses in the prosecution’s case. Mr. Richardson has a team of investigators and legal professionals working for him as part of his legal team, and he has the knowledge and trial experience to prevail over the prosecutor.
Don’t settle for an attorney who wants only to plead you out. Our San Diego criminal defense lawyer will provide you with a vigorous defense. Contact us today for a free consultation.