“Police Code 245” – What does it stand for?

In California, “police code 245” refers to the crime of assault with a deadly weapon. This includes assault with a firearm, as well as assault by means likely to produce a great bodily injury.

The number for the code comes from the section of California’s Penal Code that defines the offense. In other jurisdictions, this police code may mean something else.

What is assault with a deadly weapon (ADW)?

In California, assault with a deadly weapon involves the following elements of the crime:

1. you did something that, by its very nature, would probably result in the direct application of force on someone else,
2. you acted with either a deadly weapon or with force likely to produce great bodily injury,
3. you acted willfully,
4. when acting, you were aware of facts that would make a reasonable person believe that the action would directly and probably result in the application of force to someone else, and
5. when acting, you had the present ability to apply force with a deadly weapon, or in a way that was likely to produce great bodily harm.[1]

Under the statute, a “deadly weapon” is any type of object that is capable of producing death or a serious bodily injury.[2] This is not necessarily confined to guns or other firearms. It can also include other objects that can be used in a deadly manner. This can include:

• knives,
• a car,[3]
• a BB gun,[4] and
• an attack dog.^[5]

Note that you do not need to actually cause physical contact with the victim for it to be assault with a deadly weapon. It is enough if your action was likely to lead to force being applied to the victim. You can still be convicted for making an unlawful attempt to assault someone with a deadly weapon.[6]

What are police codes?

Police codes are abbreviated communications that police use to share information about what is going on. Law enforcement officers and dispatchers use these codes to:

• inform other incoming officers what to be prepared for,
• communicate quickly,
• help officers perform investigations,
• communicate during stakeouts, and
• discuss events and dangers without the public understanding what they are saying.

Police codes are pronounced digit-by-digit. For example, police code 245 is stated as “two-four-five.” If there are letters in the code, they are stated using radio alphabet. For example, police code 245C, which is for assault with a deadly weapon on a police officer, is stated “two-four-five-Charlie.”

The police codes for suspected crimes align with the California Penal Code or Vehicle Code section for that offense. For example:

• 211 – robbery (Penal Code 211),
• 415 – disturbing the peace (Penal Code 415), and
• 23152 – drunk driving (DUI) (Vehicle Code 23152).

This is why the police codes in each state are generally different. The state’s penal code will have different section numbers for each offense.

Not all police codes refer to suspected crimes, though. Many communicate other types of information. For example, there are single-digit codes like:

• Code 1 – Respond at your convenience
• Code 2 – Respond urgently but with no lights or sirens
• Code 3 – Respond with emergency lights and siren
• Code 4 – No further assistance needed
• Code 10 – Bomb threat
• Code 20 – Officer needs help

There are also “ten-codes” for common communications that begin with the number 10:

• 10-4 – Communication acknowledged
• 10-65 – Missing person
• 10-70 – Prowler

What are the penalties for a conviction for assault with a deadly weapon?

Assault with a deadly weapon is a wobbler in California. It can be charged as either a felony or as a misdemeanor.

If charged as a misdemeanor, convictions carry up to:

• 1 year in jail,
• $1,000 in fines, and/or
• misdemeanor probation.[7]

If charged as a felony, convictions carry up to:

• 4 years in prison,
• $10,000 in fines, and/or
• felony probation.^[8]

Additionally, a felony conviction can count as a “strike” under California’s three strikes law if:

• the type of weapon you used was a deadly weapon, or
• the victim suffered a great bodily injury.[9]

You will also face the collateral consequences of having a felony offense on your criminal history. Deadly weapon charges are especially difficult for felons to overcome.

Furthermore, the penalties increase substantially if:

• the victim was a police officer or firefighter, or
• the offense involved a firearm.

The victim was a police officer or firefighter

Assault with a deadly weapon is always charged as a felony if:

• the victim was a peace officer or firefighter engaged in the performance of their duties, and
• you knew or reasonably should have known this fact.[10]

If this is the case, the maximum prison sentence increases to 5 years.[11]

The offense involved a firearm

Convictions for assault with a deadly weapon involving an ordinary firearm such as a revolver or pistol carry a mandatory minimum sentence of 6 months in county jail.[12]

Charges of assault with a deadly weapon are always treated as felonies if they were committed with a(n):

• assault weapon,
• machinegun,
• semiautomatic firearm, or
• .50 BMG rifle.[13]

With this sentencing enhancement, convictions for these offenses carry up to 12 years in California state prison.^[14]

What are some legal defenses?

Numerous legal defenses can be raised against an allegation of assault with a deadly weapon. Which one is the best for your situation will depend on the particular circumstances of your case. However, we have found that 3 of the most common are:

• self-defense,
• it was not a deadly weapon, and
• you did not act willfully.

By establishing an attorney-client relationship with a criminal defense lawyer, you can determine the best line of defense to take.

Self-defense

Probably the most common legal defense that we use to combat charges of assault with a deadly weapon is self-defense.

You legally acted in self-defense if you:

1. reasonably believed that you were in imminent danger of suffering bodily injury,
2. reasonably believed that the immediate use of force was necessary to protect yourself, and
3. used no more force than was reasonably necessary.[15]

Importantly, in California, you do not have the burden of proving that you acted in self-defense. Once you claim that you acted in self-defense, it is up to the prosecution to prove, beyond a reasonable doubt, that you did not.[16]

Not a deadly weapon

To be convicted for assault with a deadly weapon, you must have been using a deadly weapon at the time of the assault. If you can show that you were using an object that is not capable of producing death or a great bodily injury, it can be an effective defense.

This is an imperfect legal defense, however. If successful, you may still be convicted for a lesser charge, such as simple assault or another related offense, like aggravated assault or domestic violence.

Not a willful act

The criminal defense attorneys at our law firm have found that one of the most effective legal defense strategies is to show that you did not act with criminal intent. It is up to the prosecutor to prove that you acted willingly or on purpose. Any evidence that you behaved unintentionally, or even just recklessly, can create reasonable doubts in the prosecutor’s case.

Legal References

[1] California Criminal Jury Instructions (CALCRIM) No. 875.

[2] People v. Aledamat, 8 Cal.5th 1 (2019).

[3] People v. Aguilar, 16 Cal.4th 1023 (1997).

[4] People v. Golde, 163 Cal.App.4th 101 (2008).

[5] People v. Aguilar, supra note 3.

[6] CALCRIM No. 875.

[7] California Penal Code section 245(a)(1) PC.

[8] Same.

[9] People v. Feyrer, 48 Cal. 4th 426 (2010).

[10] California Penal Code 245(c) PC.

[11] Same.

[12] California Penal Code 245(a)(2) PC.

[13] California Penal Code 245(a)(3) PC.

[14] Same.

[15] CALCRIM No. 3470.

[16] People v. Lee, 131 Cal. App. 4th 1413 (2005).