Assault with a Deadly Weapon in California (Penal Code § 245(a)(1))

Assault with a Deadly Weapon—commonly called ADW—is a felony-level accusation under California Penal Code § 245(a)(1). This charge applies when someone is alleged to have attacked or attempted to attack another person using a deadly weapon or an object capable of causing serious injury.

But “deadly weapon” doesn’t just mean knives or guns. Everyday objects—from baseball bats to broken bottles, even vehicles—can trigger a felony ADW charge if the prosecution believes they were used or threatened in a way that could inflict great bodily harm.

At David P. Shapiro Criminal Defense Attorneys, we help people facing serious violent crime allegations take back control of their case and their life. That starts with knowing exactly what the government has to prove—and where they often fall short.

What is Assault with a Deadly Weapon in California?

A person can be charged with ADW if they:

• Commit an assault (an attempt to apply force);
• With a deadly weapon or instrument (excluding firearms);
• Against another person.

Importantly, the statute does not require that anyone was actually injured. An attempted use of force, combined with an object deemed deadly, is enough to satisfy the elements of the offense.

What Qualifies as a Deadly Weapon?

A deadly weapon includes:

• Knives, blunt objects, rocks, glass
• Tools, tire irons, heavy flashlights
• Vehicles, when used to strike or intimidate
• Anything used in a way that could cause serious physical harm

What matters is not the object itself, but how it was used or intended to be used in the moment.

Examples of ADW Charges

• Swinging a baseball bat at someone during an argument
• Driving a car toward a pedestrian in anger
• Threatening someone with a metal pipe
• Striking someone with a beer bottle in a bar fight
• Attempting to stab someone with a pocketknife

Because injury is not required, many people are surprised to be facing felony charges after a moment of conflict that never actually became physical.

Penalties for Assault with a Deadly Weapon

ADW is a wobbler, meaning it can be charged as a misdemeanor or a felony depending on the facts, the defendant’s criminal history, and the identity of the alleged victim.

If Charged as a Misdemeanor:

• Up to 1 year in county jail
• Up to $1,000 in fines
• Misdemeanor probation

If Charged as a Felony:

• 2, 3, or 4 years in state prison
• Up to $10,000 in fines
• Formal felony probation

ADW with a firearm triggers separate sentencing under § 245(a)(2), while use of assault weapons or semiautomatic firearms may expose the defendant to enhanced terms of 4 to 12 years under subsections (a)(3) and (b).

Enhanced Penalties When the Victim Is a Peace Officer

When the alleged victim is a peace officer or firefighter performing their duties, the potential sentence increases:

• 3, 4, or 5 years for ADW without a firearm (PC § 245(c))
• 4, 6, or 8 years for ADW with a firearm (PC § 245(d)(1))
• 5, 7, or 9 years with a semiautomatic firearm (PC § 245(d)(2))
• 6, 9, or 12 years with an assault weapon or machine gun (PC § 245(d)(3))

The state must prove the defendant knew or reasonably should have known that the victim was a peace officer or firefighter acting lawfully.

Additional Consequences of an ADW Conviction

• Strike under California’s Three Strikes Law
• Loss of firearm rights
• Immigration consequences for non-citizens
• Challenges with employment, housing, and professional licensing

If a weapon used in the offense was personally owned, the court can also order it forfeited and destroyed as a public nuisance (PC § 245(e)).

Defenses to Assault with a Deadly Weapon Charges

ADW cases are fact-intensive. The same object or movement can be interpreted in multiple ways. Our defense strategies are built around dismantling the narrative the prosecution is trying to sell.

1. No Deadly Weapon Was Used

The object may have been harmless or used in a way that didn’t meet the legal threshold for a deadly weapon.

2. Self-Defense or Defense of Others

If the force was used reasonably in response to an immediate threat, self-defense is a complete legal defense.

3. No Intent to Assault

ADW requires that the defendant intended to apply force. If the incident was accidental or misunderstood, the charge may not stand.

4. False Accusations or Misidentification

Eyewitness error, conflicting stories, or fabricated claims can be exposed through investigation and cross-examination.

5. No Present Ability to Use Force

The prosecution must prove that the defendant had the present ability to inflict harm—not just a vague or empty threat.

What Prosecutors Need to Prove

To convict under PC § 245(a)(1), the state must prove:

1. The defendant committed an assault;
2. The assault was committed with a deadly weapon or instrument (other than a firearm);
3. The defendant acted willfully;
4. The defendant had the present ability to apply force likely to produce great bodily injury.

This burden opens the door to multiple defense angles—particularly when the allegations are exaggerated or the evidence is thin.

Why Early Legal Intervention Matters

ADW cases often begin with high-stress arrests, biased reports, or quick assumptions about intent. Police may misclassify the weapon, exaggerate the danger, or ignore context.

That’s why it’s critical to get ahead of the case early. At David P. Shapiro Criminal Defense Attorneys, we:

• Investigate the scene and the sequence of events
• Identify key witnesses and surveillance footage
• Work with forensic experts when weapon use is disputed
• Challenge enhancements tied to firearms or peace officer status

Our goal is simple: protect your record, your rights, and your future from a charge that could follow you for life.

If you’re under investigation or already charged under Penal Code § 245(a)(1), it’s time to bring clarity to the situation—and strength to your defense.

Contact Our San Diego Criminal Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.