Penal Code 245(a)(1) is assault with a deadly weapon (ADW) — an assault on another person with a deadly weapon or instrument other than a firearm.
It is a wobbler: a misdemeanor (up to one year) or a felony (two, three, or four years). No injury is required — only the assault.
What PC 245(a)(1) Says
PC 245(a)(1) covers committing an assault — an attempt to apply force, with the present ability to do so — on another person with a deadly weapon or instrument other than a firearm. As with any assault, no one has to actually be injured; the attempt with the weapon is the offense.
What Counts as a 'Deadly Weapon'
A deadly weapon is any object used in a way capable of causing death or great bodily injury. Some objects (a knife, a bat) qualify inherently; many everyday objects — a bottle, a car, a tool — qualify only based on how they were used. That ‘how it was used’ question is frequently the center of the case.
Penalties and Defenses
PC 245(a)(1) carries up to a year as a misdemeanor, or 2 to 4 years as a felony, plus a fine up to $10,000. Core defenses: self-defense or defense of others; the object was not used as a deadly weapon; there was no assault (no attempt or no present ability); and mistaken identity or false accusation. Reduction under PC 17(b), and judicial diversion (PC 1001.95) for an eligible misdemeanor, can keep it off a record as a felony.
Frequently Asked Questions
Is assault with a deadly weapon a felony or a misdemeanor?
PC 245(a)(1) is a wobbler. As a misdemeanor it carries up to one year in county jail; as a felony it carries two, three, or four years in state prison, plus a fine of up to $10,000.
Does someone have to be injured for an ADW charge?
No. PC 245(a)(1) punishes the assault — an attempt to apply force with the present ability to do so — using a deadly weapon. No actual injury is required; the attempt with the weapon is the offense.
What counts as a deadly weapon under PC 245(a)(1)?
Any object used in a way capable of causing death or great bodily injury. Some objects, like a knife or a bat, qualify inherently; many everyday objects qualify only based on how they were used — which is often the central issue in the case.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
Free 30-Minute Consultation
Whether an object is a 'deadly weapon,' and self-defense, decide most ADW cases. Tell me what happened and I'll tell you where it's soft.
Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com