Tag Archives: assault

Attempted murder and aggravated assault – can they charge both?

Why does the District Attorney charge both attempted murder and assault with a deadly weapon? Can you be charged with both crimes even though it was one event?  Yes, you can be charged with both. The prosecutor will often charge a situation they believe to be attempted murder with the related offense of aggravated assault. […]

When is a deadly weapon not a deadly weapon?

In a recent post, I discussed the various sections of Penal Code section 245.  One of the ways that can be charged is “assault with a deadly weapon.” So what exactly is a deadly weapon? Case law through the years has shaped what can be a “deadly weapon” for this code section.  A deadly weapon […]

Assault with a Deadly Weapon (Penal Code 245) – Orange County Criminal Defense

Penal Code section 245 is generally referred to as “aggravated assault” or assault with a deadly weapon, but there are actually several variations. Penal Code section 245(a)(1) – Assault with a deadly weapon This section covers an assault with a deadly weapon other than a firearm.  Any instrument that is capable of inflicting great bodily […]