“Assault With a Deadly Weapon” vs “Assault With a Firearm”

California criminal law recognizes two similar forms of assault. These are assault with a deadly weapon (under Penal Code 245a1) and assault with a firearm (under Penal Code 245a2). Let’s take a look at the difference between the two offenses.

1. How does California law define “assault with a deadly weapon”?

Penal Code 245a1 PC defines the crime of assault with a deadly weapon as attacking (or attempting to attack) another person with a deadly weapon or by means likely to cause great bodily injury.¹

For purposes of this statute, a “deadly weapon” is any type of weapon or object capable of producing death or great bodily injury.² A deadly weapon can include a firearm or gun.

The offense can be charged as a misdemeanor or a felony and carries a maximum sentence of up to 4 years in jail or prison.

2. How does California law define “assault with a firearm”?

Under Penal Code 245(a)(2) PC, California law defines assault with a firearm as assaulting a victim by using a pistol, rifle, shotgun, semiautomatic firearm, machine gun, .50 BMG rifle, or assault weapon.³

The assault may take the form of pointing the firearm at the victim, striking or “pistol-whipping” the victim, firing the gun at the victim, or actually shooting the victim.

Note that if the firearm is a machine gun, assault weapon, or semiautomatic firearm, an assault with one of these objects subjects an offender to three to twelve years in the state prison. An assault with a “generic” firearm subjects an offender to six months in county jail to four years in prison.

So while it may not seem like there’s a significant difference between the phrases “assault with a deadly weapon” and “assault with a firearm,” they have very different legal definitions and very different penalties under California’s gun laws. (On a related subject, see our articles “The consequences of staged accidents under California law” and “The connection between ADW, brandishing, and criminal threats in California.“)

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