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Criminal defense attorney Neil Shouse explains Penal Code 245(a)(1), the California law that makes it illegal to commit assault with a deadly weapon (ADW). More info at https://www.shouselaw.com/ca/defense/... or call (855) 999-7755 for a free consultation. The crime of assault with a deadly weapon, abbreviated "ADW", is defined under California Penal Code 245(a)(1), sometimes called 245(a)(1) PC. The legal definition of an assault is to cause harm to someone, or to attempt to cause harm to them, or to perform an act which any reasonable person would assume could lead to violence against them. No force needs to be applied, and no one needs to be injured for someone to be charged and convicted of assault. An ADW differs from a regular assault because of the deadly weapon that is used during the crime. The most common examples of deadly weapons are guns or knives, but a deadly weapon could also be everyday household items such as a rock, a baseball bat, a car, or a beer bottle. Any object which has the potential to cause deadly harm is enough to get someone charged with 245(a)(1) PC if they use it in a threatening manner. California Penal Code 245(a)(1) PC is a wobbler, meaning it could be charged as a misdemeanor or a felony. As a misdemeanor, if convicted, it could lead to up to one year in jail. As a felony, if convicted, it could lead to up to 4 years in jail or prison. And if there was serious bodily injury or harm involved, then the penalties can go up much higher. However there are defenses to California Penal Code 245(a)(1) PC. False accusations and mistaken identity are common in these types of cases. Or it's possible you did assault or threaten the supposed victim, but you did so in self defense. Or the whole thing could have been an accident and you had no intention to cause harm or put the other person in fear. If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.