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  • PC 245(a)(1): Assault with a Deadly Weapon Charges Dismissed

    I was arrested for Assault with a Deadly Weapon in Pasadena. I had gone to a night-club and was hit over the head with a bottle. I suffered a concussion, was bleeding, and had to get stitches. However, the person that hit me was with several friends and they all lied to the police. Thus, I was the one that was arrested and charged in Los Angles County Superior Court, Pasadena Courthouse with Assault with a Deadly Weapon, under Penal Code § 245 (a)(1). I hired an attorney with over 35 years experience, but that was a big mistake. The attorney charged me a lot of money, did not keep in contact with me, did not conduct any investigation, did not appear in court and instead sent another attorney to appear for him, and encouraged me to plead guilty and accept being placed on probation. However, this was unacceptable, as I was the victim! Thus, I fired my former attorney and hired attorney Daniel V. Cota. Mr. Cota kept in constant contact with me, started his investigation immediately, and fought very hard for me. At the conclusion, all charges were dismissed! Thank you Mr. Cota for all of your hard work and for doing what was necessary to get me the best result and to achieve justice!

    Victor A.

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    Possible Penalties and Defenses in an Assault (PC 245) Charge

    An Assault with a Deadly Weapon charge can carry a range penalties depending upon the circumstances and weapon used. If you face a PC 245 charge, it is essential that you hire a West Covina criminal lawyer as soon as possible.

    The California Penal Code defines PC 245 as an assault committed with a weapon or force that is likely to cause great bodily injury to the victim. It can be prosecuted as either a misdemeanor or felony. In essence, this will be determined by three factors: the weapon used; whether, and to what extent, the victim was injured; and if the victim falls under special protected provisions, such as a police officer or government official.

    If the weapon you are alleged as using is not a gun, there is the possibility of the case being tried as a misdemeanor. If convicted, you may face up to a year in county jail and a fine of as much as $10,000. You might argue as a defense that you were acting in self-defense, or that you were trying to defend someone else, depending on the specifics of the case.

    A 245 charge in West Covina in which a firearm is used, however, will almost certainly be tried as a felony. If convicted of such an offense with no injury to the victim, you face 2-4 years in state prison and a $10,000 fine, along with a potential strike. If the weapon is a submachine gun or other assault-type firearm, the potential range for imprisonment will be considerably higher. If the victim is injured, the penalties rise as well. You might argue that it was an accident, or use one of the previously mentioned defenses.

    When the victim falls under the special protected provisions, you face even more prison time, especially if the individual is engaged in the performance of his/her duties.

    A criminal lawyer will examine your case to determine what your best defense is. Often when no other options are available lawyers can negotiate a plea agreement with the district attorney, which may substantially diminish penalties.

    If you are arrested for a PC 245 Assault with a Deadly Weapon charge, hire a strong and experienced West Covina criminal lawyer. Call Daniel V. Cota & Associates, P.C. at (800) 351-6860.

  • Main Office

    1619 W. Garvey Ave. Suite 107
    West Covina, CA 91790
    Office: (626) 569-7246
    Toll Free: (800) 351-6860
    Fax: (626) 628-1838

    Orange County Office

    1400 N. Harbor Blvd., Suite 650
    Fullerton, CA 92835
    Toll Free: (800) 351-6860
    Fax: (626) 628-1838

    South Pasadena Office

    1525 Fair Oaks Ave.
    South Pasadena, CA 91030
    Toll Free: (800) 351-6860
    Fax: (626) 628-1838