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245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

This is for California.

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Yes, PC 245(a)(1) in California is considered a "wobbler," meaning it can be charged either as a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. This section pertains to the crime of assault with a deadly weapon or force likely to produce great bodily injury. The prosecutor has discretion in determining the level of the charge.


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