What does force/adw not firearm:gbi mean?

Asked almost 5 years ago - San Diego, CA

Can some do jail time for this crime

Attorney answers (2)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

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    Lawyer agrees

    8

    Answered . That's the language that describes what particular subsection of Penal Code section 245 you're charged with.

    245 can be charged in three ways:

    245(a)(2) is assault with a firearm. It's a strike.

    245(a)(1) can be charged in two ways: assault with a deadly weapon (other than a firearm) - this is also a strike. The other way is assault with force likely to produce great bodily injury. That last one is NOT a strike unless it's alleged that you actually inflicted great bodily injury.

    Each one of those 245 sections are felonies and can carry up to 4 years in state prison. If there was great bodily injury inflicted, it can carry up to an additional 3 years in state prison and make the offense a strike, but it must be specifically alleged in the charging document (it will be an allegation under Penal Code section 12022.7)

    Can you do jail time? Very likely, if not prison. You need an attorney.

  2. George Fredrick Mueller

    Contributor Level 14

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    Lawyer agrees

    5

    Answered . Assault with a deadly weapon. A strike. Often State Prison.

    Great Bodily Injury is usually an enhancement, i.e. possibly additional years in prison.

    Was a vehicle used, or was it a 245? What kind of deadly weapon are you referring to? What kind of injuries occurred?

    I recently handled a DUI assault with a deadly weapon charge (which was fortunately dropped) for hitting the gate sentry at a high rate of speed and then 7 additional on-base violations after striking the MP with the vehicle followed by a high risk gate run.

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