California Penal Code section 245(a)(2), commonly known as “Assault with a Firearm”, is a felony that is punishable by two, three, or four years in state prison. The statute defines a firearm as a:

-pistol;

-rifle;

-shotgun;

-semiautomatic firearm;

-machine gun;

-.50 B<G rifle; or

-assault weapon. 

The usual situation in which assault with a firearm is charged is when the defendant is alleged to have pointed a firearm at the victim. Assault with a firearm may also be charged as a misdemeanor, depending on the seriousness of the conduct and firearm used. As a felony, Assault with a Firearm is a strike offense, raising the stakes greatly. It is a defense if the defendant committed the assault in self-defense or defense of another. 

If you are accused of assault with a firearm, an experienced attorney must review your matter swiftly. Contact our office at 909-755-6056 to prepare your defense.