Assault with a Firearm – Penal Code 245(a)(2)

Firearm is defined as:
A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion;
A semiautomatic pistol extracts a fired cartridge and chambers a fresh cartridge with each single pull of the trigger;
A machine gun is any weapon that shoots, is designed to shoot or can readily be restored to shoot automatically more than one shot by a single function of the trigger and without manual reloading; or
An assault weapon includes as listed enumerated in Pen. Code, § 30510.
Assault with a firearm is a wobbler that can either be charged as a felony or a misdemeanor, except where the assault is committed against a police or firefighter, then the assault is punished by imprisonment by 6, 9, or 12 years. When a person is charged with an assault with deadly weapon or force likely to produce great bodily injury, the punishment is either two, three, or four years in state prison or not less than six months and not exceeding one year in county jail or a fine up to ten thousand dollars and imprisonment. Some defenses to an assault with a firearm may include defense of others, self-defense, accident, falsely accused, or did not have the necessary intent to assault.
If you are charged or arrested for the crime of assault with a deadly weapon or force likely to produce great bodily injury, call Attorney Arthur Khachatourians for a defense consultation – 818-590-8294.