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Sentences & Punishments for Assault with a Firearm
The prevalence and implications of gun crimes in the US necessitate strict regulative measures to promote public safety and prevent gun violence. However, California takes those measures quite a step further.
The Golden State is one of the strictest when it comes to these crimes, imposing incredibly high penalties for virtually all gun-related offenses – and assault with a firearm is at the very top of the severity list.
Given the potential for long-term consequences across every sphere of life, anyone facing charges of this (or similar) crime should enlist the help of the best San Diego firearms defense attorney they can find in order to secure the most favorable outcome.
How much time do you get for assault with a firearm in California?
The penalties for assault with a firearm can be severe and vary depending on several factors, including:
- The specific circumstances of the case;
- The defendant’s prior record (i.e. striker or non-striker);
- The type of firearm used.
Here’s a general breakdown of the potential penalties, as per California Penal Code §245 for first-time (non-striker) offenders:
- PC 245(a)(2): Assault with a Firearm:
- Felony: 6, 7, or 9 years in state prison
- Fine: Up to $10,000
- PC 245(b): Assault with a Semi-Automatic Firearm:
- Felony: 9, 11, or 13 years in state prison
- Fine: Up to $10,000
- PC 245(d)(3): Assault with a Machine Gun or .50 BMG Rifle:
- Felony: 15 years to life in state prison
- Fine: Up to $10,000
The sentence can be further enhanced based on the specific circumstances of the case and the presence of aggravating factors, such as:
- Use of a firearm in the commission of a felony (PC 12022.5): +1 to +10 years in state prison (depending on the type of firearm)
- Personal use of a firearm causing great bodily injury (PC 12022.7): +3 to +6 years in state prison
- Gang enhancements (PC 186.22): +2 to +15 years in state prison
In addition, if the crime is considered a “strike” under California’s Three Strikes law (PC 667/1170.12), the defendant may face:
- First Strike: Double the base sentence
- Second Strike: Triple the base sentence
- Third Strike: 25 years to life in state prison
What are the consequences for assault in California?
Beyond prison time and fines, those convicted of assault with firearms in California may face a host of additional consequences, including:
- A lifetime ban on owning, possessing, or purchasing firearms in California and potentially under federal law as well.
- Stringent probation terms, provided that the probation is granted instead of, or in addition to, jail time
- Paying restitution to the victim (or their dependents) for medical expenses, lost wages, psychological counseling, and other costs that resulted from the assault.
- Employment and professional challenges, including loss of a current job, difficulty finding a job in the future (due to criminal record), and suspension/revocation of a professional license.
- Difficulties finding housing and/or being denied housing in programs subsidized by the government due to the existence of a criminal record.
- Immigration consequences (for non-U.S. citizens), including deportation and/or denial of naturalization.
- Mandatory mental health evaluations and potentially mandatory treatment as a part of probation or plea deal, especially if substance abuse or mental health issues were involved.
Where to find an experienced & strategic San Diego firearms defense attorney near me?
Whether in Golden Hill, San Yisidro, or elsewhere in San Diego, you won’t find a better team to entrust your defense to than Monder Criminal Lawyer Group. We’re an award-winning collective that specializes in different areas of California criminal law, ranging from basic instances of assault with a firearm to firearm-inflicted greater bodily injuries and many more. Reach out to us today and secure a partner dedicated to your future!
