Legal Question in Criminal Law in California
what is 594(B)(1) & 245(A)(1) my grandson was arrested for these could you please help
3 Answers from Attorneys
Penal Code section 594(b)(1) governs vandalism causing $400 or more in damage. Penal Code section 245(a)(1) governs assault with a deadly weapon and assault likely to cause great bodily injury. If your grandson is facing these charges he needs a good lawyer right away.
Since you only provided numbers, it is possible that the charges are under some other code. I haven't checked to see whether the corresponding sections of any other California codes define any criminal charges. The charges I have described are probably the ones your grandson is facing.
I agree with Mr. Hoffman.
594(b)(1) is felony vandalism and 245(a)(1) is felony assault. Both charges are "wobblers" meaning they can be charged as felonies or misdemeanors. If charged as felonies, he faces up to 4 years, 8 months in state prison. If charged as misdemeanors, he faces up to two years in county jail.
If the 245 is charged as a felony, depending in how it is alleged, it could also be a "strike" under the California three strikes law. 245(a)(1) can be either assault with force likely to produce great bodily injury (a non-strike) or as assault with a deadly weapon (the strike).
No matter which way it's charged, he needs a darn good lawyer.
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