What is 245A1 PC?

Answer 1

A Penal Code 240 "simple assault" is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.1 California Penal Code 245(a)(1) defines assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.2

An ADW charge is what's known as a wobbler. A "wobbler" is a crime that...depending on the circumstances...prosecutors can opt to file as either a misdemeanor or a felony. With respect to a California aggravated assault charge, this decision is primarily based on three factors:

1. the type of weapon or instrument used to commit the alleged ADW,
2. whether the person whom you allegedly assaulted sustained an injury (and if so, the severity of the injury), and
3. the nature of the victim (that is, whether the alleged victim an officer, firefighter, or other "protected" person).