Legal Question in Criminal Law in California

meaning

What does 245 (a) (1) pc-force /adw not firearm : gbi likely exactly mean?


Asked on 4/06/09, 5:26 pm

5 Answers from Attorneys

Matthew Koken Law Office of Matthew S. Koken

Re: meaning

PC 245A(a)(1): adw not firearm, bgi likely means that you are charged with Penal Code Section 245(a)(1): Assault with a deadly weapon, not a firearm. And the offense is likely to produce great bodily injury.

If you need further assistance feel free to contact me. Best of luck.

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Answered on 4/06/09, 5:30 pm
Joe Dane Law Office of Joe Dane

Re: meaning

That is the language from the charging document. It means that the charge filed is Penal Code section 245(a)(1).

245 can include assault with a deadly weapon (anything other than a firearm) under 245(a)(1), assault with force likely to produce great bodily injury [also under Penal Code section 245(a)(1) as well]. Assault with a firearm is covered under Penal Code section 245(a)(2).

What you typed out is just a way to designate that the charge filed is 245(a)(1). The particular theory (assault with a deadly weapon other than a firearm or by force likely to produce great bodily injury) is up to the DA to select and prove.

All 245 crimes can be charged as felonies and carry 2, 3, or 4 years in state prison. Assault with a deadly weapon is a strike under California's three strikes law, but assault by force likely to produce great bodily injury is not.

There can be additional enhancements, depending on whether or not any injury was inflicted and how serious it was.

Let me know if I can help further.

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Answered on 4/06/09, 5:34 pm
Terry A. Nelson Nelson & Lawless

Re: meaning

Assault with a deadly weapon other than firearm, with great bodily harm. If that's your charges, get yourself an attorney, you're facing prison time. Feel free to contact me if serious about doing so.

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Answered on 4/06/09, 6:12 pm
Terry A. Nelson Nelson & Lawless

Re: meaning

Assault with a deadly weapon other than firearm, with great bodily injury. If that's your charges, get yourself an attorney, you're facing prison time. Feel free to contact me if serious about doing so.

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Answered on 4/06/09, 6:12 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: meaning

California Penal Code Sec. 245 (a) (1) bans two things: assaults with deadly weapons (not necessarily firearms) and assault by any means LIKELY to produce great bodily injury (even if no injury at all occurs, such as when you try to push someone off a cliff and fail).

Your question list a shorthand description of the latter variety of this violation. I am not certain, but the part saying "adw not firearm" may refer to using a weapon other than a firearm. "GBI likely" means that the nature of the attack was such that it COULD likely result in Great Bodily Injury (GBI).

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Answered on 4/06/09, 7:20 pm


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