(a)(1)Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(2)Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a
fine not exceeding ten thousand dollars ($10,000) and imprisonment.
(3)Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
(4)Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment.
(b)Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.
(c)Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
(d)(1)Any person who commits an assault with a firearm upon
the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.
(2)Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.
(3)Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault
weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.
(e)When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.
(f)As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2.
Notes of Decisions
Ruben Ceron v. Eric H. Holder Jr., 747 F.3d 773 (9th Cir. 2014).
· cites it 60× “” Cal. Penal Code § 245 (a)(1) (2006). Petitioner argued to the BIA that the judicially noticeable documents proved that he was not convicted of that prong, and the BIA agreed.”
United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009).
· cites it 13× “We are therefore bound by Heron-Salinas’ conclusion that assault under California Penal Code section 245(a) requires proof of sufficiently intentional conduct to satisfy the mens rea requirement for a crime of violence set forth in Leocal and Femandez-Ruiz.”
United States v. Gonzalo Vasquez-Gonzalez, 901 F.3d 1060 (9th Cir. 2018).
· cites it 12× “2168 (formerly codified at Cal. Penal Code § 245 (a)(1)). The term “crime of violence” is defined in § 16 as: (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense…”
Eduard Safaryan v. William Barr, 975 F.3d 976 (9th Cir. 2020).
· cites it 14× “3 In Matter of Wu, the BIA appropriately 3 As noted earlier, effective in 2012, § 245(a)(1) was amended by moving the clause involving “force likely to produce great bodily injury” to a new subsection, § 245(a)(4).”
People v. Schueren, 516 P.2d 833 (Cal. 1973).
· cites it 22× “" A jury found defendant guilty of assault with a deadly weapon (Pen. Code, § 245), [1] "a lesser and necessarily included offense," and he was sentenced to prison for "the term prescribed by law.”
United States v. Ozine Bridgeforth, 441 F.3d 864 (9th Cir. 2006).
· cites it 7× “In 1995, he was convicted of assault with a deadly weapon under California Penal Code section 245(a). Section 245(a)(1), assault with a deadly weapon other than a firearm, is punishable either with a term of two, three, or four years in state prison, or with a maximum sentence…”
People v. Bryant, 301 P.3d 1136 (Cal. 2013).
· cites it 4× “)‖ The Court of Appeal instructed the parties to ―assume that the People are correct that there is substantial evidence that appellant committed, at a minimum, a felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).‖ Defendant argued that the trial court should…”
United States v. Sanchez-Ruedas, 452 F.3d 409 (5th Cir. 2006).
· cites it 5× “He appeals his sentence, *411 including the application of a sixteen-level crime-of-violence enhancement and the denial of a two-level aeceptanee-of-responsi-bility reduction, on the following grounds: (1) the district court erroneously concluded that his 1995 conviction under…”
People v. Hood, 462 P.2d 370 (Cal. 1969).
· cites it 7× “An indictment charged defendant in count I with assault with a deadly weapon upon a peace officer, Alfred Elia (Pen. Code, § 245, subd. (b)), in count II with battery upon a peace officer, Donald Kemper (Pen.”
People v. Jose S. (In re Jose S.), 219 Cal. Rptr. 3d 801 (Cal. Ct. App. 5th 2017).
· cites it 6× “(a) and 664 ) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1) ), and that with respect to each offense Jose personally used a deadly weapon (Pen.”
People v. Earle, 172 Cal. App. 4th 372 (Cal. Ct. App. 2009).
· cites it 4× “Code, § 220), assault using a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and indecent exposure (Pen.”
— Cal. Penal Code § 245(A)(1) — 4 cases
— Cal. Penal Code § 245(A)(4) — 2 cases
— Cal. Penal Code § 245(D)(3) — 1 case
— Cal. Penal Code § 245(a) — 35 cases
United States v. Ozine Bridgeforth, 441 F.3d 864 (9th Cir. 2006).
“In 1995, he was convicted of assault with a deadly weapon under California Penal Code section 245(a). Section 245(a)(1), assault with a deadly weapon other than a firearm, is punishable either with a term of two, three, or four years in state prison, or with a maximum sentence…”
United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009).
“We are therefore bound by Heron-Salinas’ conclusion that assault under California Penal Code section 245(a) requires proof of sufficiently intentional conduct to satisfy the mens rea requirement for a crime of violence set forth in Leocal and Femandez-Ruiz.”
— Cal. Penal Code § 245(a)(1) — 97 cases
Ruben Ceron v. Eric H. Holder Jr., 747 F.3d 773 (9th Cir. 2014).
“” Cal. Penal Code § 245 (a)(1) (2006). Petitioner argued to the BIA that the judicially noticeable documents proved that he was not convicted of that prong, and the BIA agreed.”
United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009).
“We are therefore bound by Heron-Salinas’ conclusion that assault under California Penal Code section 245(a) requires proof of sufficiently intentional conduct to satisfy the mens rea requirement for a crime of violence set forth in Leocal and Femandez-Ruiz.”
Eduard Safaryan v. William Barr, 975 F.3d 976 (9th Cir. 2020).
“3 In Matter of Wu, the BIA appropriately 3 As noted earlier, effective in 2012, § 245(a)(1) was amended by moving the clause involving “force likely to produce great bodily injury” to a new subsection, § 245(a)(4).”
United States v. Gonzalo Vasquez-Gonzalez, 901 F.3d 1060 (9th Cir. 2018).
“2168 (formerly codified at Cal. Penal Code § 245 (a)(1)). The term “crime of violence” is defined in § 16 as: (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense…”
United States v. Sanchez-Ruedas, 452 F.3d 409 (5th Cir. 2006).
“He appeals his sentence, *411 including the application of a sixteen-level crime-of-violence enhancement and the denial of a two-level aeceptanee-of-responsi-bility reduction, on the following grounds: (1) the district court erroneously concluded that his 1995 conviction under…”
— Cal. Penal Code § 245(a)(2) — 43 cases
Ruben Ceron v. Eric H. Holder Jr., 747 F.3d 773 (9th Cir. 2014).
“” Cal. Penal Code § 245 (a)(1) (2006). Petitioner argued to the BIA that the judicially noticeable documents proved that he was not convicted of that prong, and the BIA agreed.”
United States v. Gonzalo Vasquez-Gonzalez, 901 F.3d 1060 (9th Cir. 2018).
“2168 (formerly codified at Cal. Penal Code § 245 (a)(1)). The term “crime of violence” is defined in § 16 as: (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense…”
United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009).
“We are therefore bound by Heron-Salinas’ conclusion that assault under California Penal Code section 245(a) requires proof of sufficiently intentional conduct to satisfy the mens rea requirement for a crime of violence set forth in Leocal and Femandez-Ruiz.”
United States v. Ozine Bridgeforth, 441 F.3d 864 (9th Cir. 2006).
“In 1995, he was convicted of assault with a deadly weapon under California Penal Code section 245(a). Section 245(a)(1), assault with a deadly weapon other than a firearm, is punishable either with a term of two, three, or four years in state prison, or with a maximum sentence…”
— Cal. Penal Code § 245(a)(4) — 18 cases
— Cal. Penal Code § 245(a)(l)(1995) — 1 case
United States v. Sanchez-Ruedas, 452 F.3d 409 (5th Cir. 2006).
“He appeals his sentence, *411 including the application of a sixteen-level crime-of-violence enhancement and the denial of a two-level aeceptanee-of-responsi-bility reduction, on the following grounds: (1) the district court erroneously concluded that his 1995 conviction under…”
— Cal. Penal Code § 245(b) — 10 cases
— Cal. Penal Code § 245(c) — 9 cases
— Cal. Penal Code § 245(d) — 1 case
— Cal. Penal Code § 245(d)(1) — 1 case
— Cal. Penal Code § 245(d)(2) — 1 case
— Cal. Penal Code § 245(d)(3) — 1 case
— Cal. Penal Code § 245(e) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.