Aggravated Assault Lawyer in Newport Beach

Former Prosecutors. 100+ Years of Combined Experience. Fighting for You.

Aggravated assault charges under California Penal Code 245 carry consequences that extend well beyond jail time. A felony conviction can count as a strike under California’s Three Strikes Law, cost you your firearm rights for life, and trigger deportation if you’re not a citizen. At Corrigan Welbourn Stokke, APLC, our attorneys bring more than 100 years of combined criminal defense experience to every case, and every client benefits from that depth through our collaborative approach to strategy.

Based in Newport Beach and serving clients throughout Orange County, our attorneys have earned recognition from Super Lawyers and Martindale-Hubbell. We craft personalized, detail-focused defense strategies for each person we represent.

If you’re facing aggravated assault charges, the decisions made in the first hours matter. Call (949) 251-0330 any time, day or night, for a free consultation.

Assault with a Deadly Weapon Under Penal Code 245

California Penal Code 245 covers several distinct charges depending on the weapon involved. Assault with a deadly weapon under PC 245(a)(1) applies to any assault using a deadly weapon or instrument other than a firearm, punishable by two, three, or four years in state prison, up to one year in county jail, or a fine of up to $10,000. Assault with a firearm under PC 245(a)(2) carries the same prison range but requires at least six months in county jail if sentenced locally.

The definition of “deadly weapon” is broader than most people expect. Almost any object can qualify if used in a way capable of causing serious injury: a knife, razor blade, baseball bat, or similar item. That breadth gives prosecutors flexibility in charging, which makes establishing a strong defense posture early in the case critical.

PC 245(a)(1) is also a wobbler offense, meaning prosecutors can file it as either a misdemeanor or a felony based on the facts and the defendant’s history. That charging decision shapes nearly everything that follows.

Charges escalate significantly based on the specific weapon or victim:

• Assault with a semiautomatic firearm is punishable by three, six, or nine years in state prison
• Assault with a machinegun, assault weapon, or .50 BMG rifle carries four, eight, or twelve years in state prison
• Assault on a peace officer or firefighter with a deadly weapon is punishable by three, four, or five years, and with a firearm by four, six, or eight years

What a Conviction Can Cost You

A misdemeanor conviction under PC 245(a)(1) can carry up to one year in county jail and a fine of up to $1,000. A felony conviction carries state prison time in the ranges described above. But the collateral consequences often outlast any sentence.

Because PC 245(a)(1) involves violence with a deadly weapon, it qualifies as a violent felony and can count as a strike under California’s Three Strikes Law. A second serious felony conviction doubles the sentence, and a third triggers a mandatory minimum of 25 years to life. A felony conviction also results in a lifetime ban on firearm possession. A misdemeanor conviction carries a 10-year ban. For non-citizens, a conviction for assault with a deadly weapon can be classified as an aggravated felony under federal immigration law, which can lead to deportation. Prosecutors have three years from the date of the alleged offense to file charges.

Defense Strategies in Aggravated Assault Cases

Several recognized defenses apply to PC 245 charges. The most effective strategy depends on the specific facts, the evidence available, and how the prosecution has built its case.

• Self-defense or defense of others: A person may lawfully use reasonable force when they reasonably believe they or someone else faces an immediate threat of harm. If that belief was reasonable under the circumstances, the use of force may be legally justified.
• Lack of intent: Assault requires a willful act. If the conduct was accidental or the situation was misunderstood, that element may not be satisfied.
• Challenging the weapon or injury element: Prosecutors must prove the object qualifies as a deadly weapon and that the defendant had the present ability to carry out the assault. Contesting either element can undermine the charge.
• Insufficient evidence or constitutional violations: Evidence obtained through unlawful searches, coerced statements, or other police misconduct may be suppressible, weakening the prosecution’s case considerably.

Why Clients Choose Corrigan Welbourn Stokke, APLC for Aggravated Assault Defense

T. Edward Welbourn spent years as an Orange County Deputy District Attorney before joining our firm. He understands how county prosecutors evaluate aggravated assault cases and, specifically, what factors drive the wobbler offense decision to charge PC 245 as a felony versus a misdemeanor. That insight directly informs how we build our defense from the moment we take a case.

Our collaborative model means no client is limited to one attorney’s perspective. Every case benefits from the combined knowledge of our entire team. Alan H. Stokke has been named the Orange County Trial Lawyers Association’s “Criminal Defense Trial Lawyer of the Year” and is regularly recognized as one of the “Best Lawyers in America.” We dedicate our practice exclusively to criminal defense, which keeps our focus in this area sharp.

We’re available 24/7, including for overnight arrests when the first hours of a case are most critical. Every consultation is free.

Speak with an Aggravated Assault Attorney Today

A PC 245 charge is serious. Prison time, a strike on your record, lost firearm rights, and immigration consequences are all on the table, and they demand a defense built on real knowledge of how these cases are prosecuted in Orange County. We’re available around the clock to help you understand your options and start building that defense.

Contact us at (949) 251-0330 for a free consultation. We’re available 24/7 and can respond immediately.