Assault with a Deadly Weapon (ADW) Penal Code 245(a)

Assault with a Deadly Weapon (ADW) under California Penal Code 245(a)(1) is one of the most severe violent crime charges in the state. You can be convicted of ADW even if you never actually hit, cut, or injured the alleged victim.

To convict you of ADW under CPC 245(a)(1), the prosecution must prove three core elements beyond a reasonable doubt:

1. You committed an assault on another person (per California Penal Code 240).
2. The assault was committed using a deadly weapon OR force likely to produce great bodily injury (GBI).
3. You acted willfully and had the present ability to apply force.

California law broadly defines a deadly weapon as any object, instrument, or weapon used in a manner capable of causing death or great bodily harm.

Inherent Weapons: Firearms, knives, brass knuckles, daggers.

Non-Traditional / Everyday Objects: Vehicles, baseball bats, broken bottles, screwdrivers, dogs, or even a heavy boots used to kick someone on the ground.

Assault with a Deadly Weapon is a wobbler in California:

Misdemeanor ADW: Up to 1 year in county jail and fines up to $10,000.

Felony ADW: 2, 3, or 4 years in California state prison.

Strike Offense: If committed with a firearm or if great bodily injury is inflicted, ADW counts as a Serious or Violent Felony Strike under California’s Three Strikes Law.

An experienced defense lawyer can challenge the prosecution's case using several proven strategies:

• The object used was not a deadly weapon.
• You acted in self-defense or defense of someone else.
• You lacked the present ability to cause injury.
• False accusations or mistaken identity.

Don't let an ADW charge derail your future. Contact our expert team of San Diego assault and battery attorneys today for immediate assistance.