245 PC Explained: California Assault With a Deadly Weapon

California Penal Code section 245 punishes assault with a deadly weapon, assault with a firearm, and assault by any means of force likely to produce great bodily injury. It sets separate, higher penalty ranges for assaults with certain firearms and for assaults on peace officers and firefighters performing their duties.

This page goes through section 245 subdivision by subdivision, including the two that appear most often on booking records, 245(a)(1) and 245(a)(4). It also covers what the prosecution has to prove under California's official jury instruction and how the penalties are structured. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 245 PC says

Every subdivision of section 245 starts from the same base: an "assault upon the person of another." Penal Code section 240 defines assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." Section 245 then adds what makes the assault aggravated: the weapon used, the force used, or who the victim was.

245(a)(1): assault with a deadly weapon other than a firearm

"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."

The statute does not list what counts as a deadly weapon. The jury instruction, covered below, defines it by how the object is designed or used.

245(a)(2): assault with a firearm

"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."

Two details set (a)(2) apart from (a)(1). A county jail sentence has a six-month minimum, and the fine appears only together with imprisonment, not as a stand-alone alternative.

245(a)(3): machinegun, assault weapon, or .50 BMG rifle

Assault with a machinegun (as defined in section 16880), an assault weapon (as defined in section 30510 or 30515), or a .50 BMG rifle (as defined in section 30530) is punished by state prison for 4, 8, or 12 years.

245(a)(4): force likely to produce great bodily injury

"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."

This subdivision does not require a weapon. The question is whether the force itself was likely to produce great bodily injury. Its penalty range is the same as (a)(1).

245(b): semiautomatic firearm

Assault with a semiautomatic firearm is punished by state prison for three, six, or nine years.

245(c) and (d): peace officers and firefighters

These subdivisions apply when the victim is a peace officer or firefighter engaged in the performance of their duties, and the defendant "knows or reasonably should know" that.

• 245(c): assault with a deadly weapon other than a firearm, or by any means likely to produce great bodily injury, on a peace officer or firefighter: state prison for three, four, or five years.
• 245(d)(1): assault with a firearm on a peace officer or firefighter: state prison for four, six, or eight years.
• 245(d)(2): with a semiautomatic firearm: state prison for five, seven, or nine years.
• 245(d)(3): with a machinegun, assault weapon, or .50 BMG rifle: state prison for 6, 9, or 12 years.

Subdivision (f) says "peace officer" means anyone designated as a peace officer in Chapter 4.5 of Title 3 of Part 2 of the Penal Code, which begins at section 830.

245(e): confiscation of the weapon

When a person is convicted under section 245 in a case involving a deadly weapon, instrument, or firearm that the person owns, the court "shall order that the weapon or instrument or firearm be deemed a nuisance," and it is confiscated and disposed of under sections 18000 and 18005.

Penalty summary

What the prosecution has to prove

The official jury instruction for subdivisions (a)(1) through (a)(4) and (b) is CALCRIM No. 875, "Assault With Deadly Weapon or Force Likely to Produce Great Bodily Injury," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant did an act with the charged weapon that by its nature would directly and probably result in the application of force to a person, or, for the force-likely charge, did an act that by its nature would directly and probably result in the application of force to a person and the force used was likely to produce great bodily injury.
2. The defendant did that act willfully.
3. When acting, the defendant was aware of facts that would lead a reasonable person to realize the act by its nature would directly and probably result in the application of force to someone.
4. When acting, the defendant had the present ability to apply that force.

When the evidence raises it, a fifth element requires the prosecution to prove the defendant did not act in self-defense or in defense of someone else. California's self-defense rules are covered in California self-defense laws.

Several points in the instruction are worth knowing:

• "No one needs to actually have been injured by defendant's act." If someone was injured, the jury may consider that along with the other evidence.
• The prosecution is "not required to prove that the defendant actually intended to use force against someone."
• Optional language, given when it fits the case, says the prosecution is not required to prove the defendant actually touched someone, and that voluntary intoxication is not a defense to assault.

The instruction's definitions shape most of these cases:

"Great bodily injury means significant or substantial physical injury. It is an injury that is greater than moderate harm."

"A deadly weapon other than a firearm is any object, instrument, or weapon [that is inherently deadly or one] that is used in such a way that it is capable of causing and likely to cause death or great bodily injury."

An object is inherently deadly if it is deadly or dangerous in the ordinary use for which it was designed. In deciding whether an object is a deadly weapon, the jury considers all the surrounding circumstances.

Misdemeanor or felony?

Subdivisions (a)(1), (a)(2), and (a)(4) each allow either state prison or county jail, so they can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when such an offense becomes a misdemeanor for all purposes, including after a judgment imposing a punishment other than state prison or county jail under section 1170(h), when the court grants probation and declares it a misdemeanor, and when the prosecutor files a misdemeanor complaint and the defendant does not object.

Subdivisions (a)(3), (b), (c), and (d) list only state prison terms. Section 245 itself says nothing about prior-conviction consequences or sentencing enhancements. Penal Code section 1192.7(c)(31) separately lists "assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245" as a serious felony; that list item does not name assault by force likely to produce great bodily injury. Other items on the same list can still apply where their own terms are met, such as (c)(8), "any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm," and (c)(23), "any felony in which the defendant personally used a dangerous or deadly weapon." How those rules apply in a given case is outside this page.

Related sections

• Penal Code section 240 (assault). The base definition quoted above. Official text.
• Penal Code section 242 (battery). The completed use of force, as opposed to the attempt. See our PC 242 explainer.
• Penal Code section 273.5. A prior conviction under section 245 within seven years raises the penalty range for a later corporal injury conviction under section 273.5(f)(1). See our PC 273.5 explainer.
• Penal Code section 12022.7. A separate great bodily injury enhancement statute. This page does not cover its terms. Official text.
• Penal Code section 17. Felony and misdemeanor classification. Official text.

The section's official history note reads: "Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 183, Sec. 1. (AB 1026) Effective January 1, 2012."

Other statute explainers are collected in our statutes library.

What happens after an arrest for 245 PC

A "245(a)(1)" or "245(a)(4)" on a booking record is the arresting agency's charge. The prosecutor decides which subdivision, if any, to file, and whether to file an either-way subdivision as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California assault and battery laws covers the related offenses.

Disclaimer

This page explains what California Penal Code section 245 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. The subdivision charged, the weapon alleged, and a person's record can all change the outcome, so anyone facing a 245 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 245(a)(1) a felony in California?

It can be either. Section 245(a)(1) allows state prison for two, three, or four years, county jail for up to one year, a fine of up to $10,000, or both fine and imprisonment. Penal Code section 17(b) lists when such an either-way offense becomes a misdemeanor for all purposes.

What is the sentence for 245(a)(1) PC?

The statute provides state prison for two, three, or four years, or county jail for up to one year, or a fine of up to $10,000, or both the fine and imprisonment.

What is 245(a)(4) PC?

Assault upon another person by any means of force likely to produce great bodily injury. No weapon is required. The punishment range is the same as 245(a)(1).

Does someone have to be hurt for a 245 charge?

No. CALCRIM No. 875 tells jurors that no one needs to actually have been injured by the defendant's act, though an injury can be considered with the other evidence.

What counts as a deadly weapon under 245?

CALCRIM No. 875 defines a deadly weapon other than a firearm as any object, instrument, or weapon that is inherently deadly, or that is used in a way capable of causing and likely to cause death or great bodily injury. The jury considers all the surrounding circumstances.

What is the penalty for assault with a firearm in California?

Under 245(a)(2), state prison for two, three, or four years, or county jail for six months to one year, or both a fine of up to $10,000 and imprisonment. A semiautomatic firearm under 245(b) carries state prison for three, six, or nine years.

Is assault on a police officer under 245 punished differently?

Yes. When the defendant knows or reasonably should know the victim is a peace officer or firefighter performing their duties, 245(c) and 245(d) set state-prison-only ranges, from three, four, or five years up to 6, 9, or 12 years depending on the weapon.