Penal Code § 17500 PC – Possession of a Deadly Weapon with Intent to Assault

California Penal Code § 17500 PC makes it a crime to have possession of a deadly weapon with the intent to assault another person. Doing so is a misdemeanor punishable by up to 6 months in county jail and fines of up to $1000.00.

The language of the code section reads:

17500. Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.

Examples

• After a heated argument, Jill grabs a baseball bat and states that she wants to hit her boyfriend.
• Following some pushing at a bar, Tom takes a beer bottle and throws it at Aaron.
• After realizing his neighbor scratched his new car, Jean grabs a knife from inside his home and vows payback.

Whether or not an object is a deadly weapon is based upon the facts of a given case.

Some examples may include:

• Firearms;
• Knives;
• Bottles; and/or,
• Stones.

Defenses

Luckily, there are several legal defenses that you can raise if accused of this offense. These include showing that you did not:

• know you had a deadly weapon;
• intend to assault another person; and/or,
• actually possess a deadly weapon.

Our California criminal defense attorneys will discuss the following in this article:

• 1. What is possession of a deadly weapon with intent to assault?
• 2. Are there defenses to Penal Code 17500 PC?
  • 2.1. No Knowledge
  • 2.2. No Intent to Assault
  • 2.3. No Deadly Weapon
• 3. What are the penalties?
• 4. Related Offenses
  • 4.1. Carrying a Concealed Weapon – PC 25400
  • 4.2. Criminal Threats – PC 422
  • 4.3. Brandishing a Weapon – PC 417

California Penal Code 17500 PC makes it a crime to possess a “deadly weapon” when they intend to assault another person.

1. What is possession of a deadly weapon with intent to assault?

California Penal Code 17500 states that “every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.”¹

A prosecutor has to prove three elements to prove the case in court. These are:

1. You carried a deadly weapon, or had one on your person (for example, in a pocket or bag);
2. You knew you had a deadly weapon; and,
3. You had the intention of assaulting another person with a deadly weapon.²

Under California law, an assault is an attempt to commit a violent injury to someone else.³

With regards to “deadly weapons,” the law does not provide a concrete definition as to what these may include. California courts, rather, have stated that the determination as to whether an object is a deadly weapon is based upon the facts of a case.

Obvious deadly weapons include:

• Guns;
• Knives; and,
• Brass knuckles (see Penal Code 21810 PC)

Possible deadly weapons, depending on the facts of a case, may include:

• Baseball bats;
• Bottles – either intact or broken; and,
• Large rocks or stones,

2. Are there defenses to Penal Code 17500 PC?

If you are accused under Penal Code 17500, you can challenge the accusation by raising a legal defense. A good defense can often get a charge

• reduced or
• even dismissed.

Please note, however, that it is critical to hire an attorney for the best defense.

Three common defenses are that you had:

1. No knowledge;
2. No intent to assault; and/or,
3. No deadly weapon.

2.1. No Knowledge

There can be no conviction unless you knew you had a deadly weapon. Thus, it is an acceptable defense to show that you did not have this requisite knowledge. For example, it may be the case that someone hid a certain object in your coat or bag.

2.2. No Intent to Assault

You can only be charged with possession of a deadly weapon with intent to assault if you truly intended to assault another. Therefore, it is a valid defense to show that you did not have this specific intent. For example, you might have held a knife in your hand, but you are not guilty if you were merely showing it to another person.

2.3. No Deadly Weapon

Whether or not an object is a deadly weapon is based on the facts of a given case. Consider, for example, a water balloon. Even if you wanted to throw it at a person to hurt them, there is little chance that it would kill them.

This crime is punishable by jail time and/or a fine.

3. What are the penalties?

Penal Code 17500 is charged as a misdemeanor.⁴ The crime is punishable by:

• Imprisonment in a county jail for up to six months; and/or,
• A fine of up to $1,000.⁵

Please note that, in lieu of a jail term, a judge may impose misdemeanor probation. This is sometimes referred to as

• “summary” or
• “informal” probation.

4. Related Offenses

There are three crimes related to possessing a deadly weapon with the intent to assault. These are:

1. Carrying a concealed weapon – PC 25400;
2. Criminal Threats – PC 422; and,
3. Brandishing a Weapon – PC 417.

4.1. Carrying a Concealed Weapon – PC 25400

Penal Code 25400 PC, California’s carrying a concealed weapon law, makes it a crime to carry a concealed firearm on your person or in your vehicle.⁶

This law applies to both loaded and unloaded firearms.

Further, you must know that you are concealing a gun to be guilty under PC 25400.⁷

Absent aggravating circumstances, carrying a concealed firearm is a misdemeanor. If convicted of this misdemeanor, you may be punished with:

• Up to one year in county jail; and/or,
• A maximum fine of $1,000.⁸

A PC 25400 violation can be charged as a felony if certain aggravating circumstances are present in a case (for example, you have a prior conviction of a California firearm offense).

4.2. Criminal Threats – PC 422

Under California Penal Code 422 PC, criminal threats is the crime of putting someone in fear.

A “criminal threat” is when you threaten to kill or physically harm someone, and all of the following are true:

1. The threatened person is put in a state of reasonably sustained fear for their safety or for the safety of their immediate family,
2. The threat is specific, and
3. You communicate the threat verbally, in writing, or via an electronically transmitted device.⁹

Criminal threats can be charged whether or not you had the ability to carry out the threat even if you did not actually intend to execute the threat.¹⁰

Penal Code 422 PC is a wobbler offense, meaning that prosecutors may charge it as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by up to one year in county jail. If charged as a felony, the crime is punishable by up to four years in the California state prison.¹¹

4.3. Brandishing a Weapon – PC 417

Penal Code 417 PC prohibits the brandishing of a weapon. Brandishing occurs when you

• Draw,
• Exhibit, or
• Use

a firearm or deadly weapon.¹²

Brandishing a weapon is a wobbler offense. This means it can be charged as either a California misdemeanor or a felony.

The specific penalty under PC 417 depends on the facts of the case. Penalties may include:

• Imprisonment in a state or county jail; and/or,
• Fines.¹³

For additional help…

If you or someone you know has been accused of a crime per Penal Code 17500, we invite you to contact us for a consultation. We can be reached 24/7.

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