DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
2. How does California law define “assault with a firearm”?
Under Penal Code 245(a)(2) PC, California law defines assault with a firearm as assaulting a victim by using a pistol, rifle, shotgun, semiautomatic firearm, machine gun, .50 BMG rifle, or assault weapon.3
The assault may take the form of pointing the firearm at the victim, striking or “pistol-whipping” the victim, firing the gun at the victim, or actually shooting the victim.
Note that if the firearm is a machine gun, assault weapon, or semiautomatic firearm, an assault with one of these objects subjects an offender to three to twelve years in the state prison. An assault with a “generic” firearm subjects an offender to six months in county jail to four years in prison.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.