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San Diego Assault Weapons Attorney

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Assault Weapons in California

Any resident of the U.S. is undoubtedly familiar with the Second Amendment to the Constitution that states the rights of individuals to keep and bear arms. But while civilians on U.S. ground are permitted to possess firearms, what many people don’t realize is that there are still numerous restrictions as to who specifically has the right to keep and use firearms and which weapons are legal.

California gun laws are some of the toughest in the nation. They are complex and tightly regulated with hundreds of different code sections, making it difficult for the average citizen to completely understand everything that the law entails.

The State of California has made it illegal to manufacture, sell, give away, lend, or possess firearms that are considered assault weapons. Assault weapons are described by the California Attorney General as, “highly dangerous offensive weapons which are unambiguously hazardous…they are the same type that the soldiers typically use when fighting in war.”

There are more than 70 variations of firearms that are listed as assault weapons in Penal Code 30510 PC. They are defined by name, by series, and also by characteristic. Some of the more notable examples of assault weapons that are banned in the State of California are:

  • All AK series rifles
  • All AR-15 series weapons
  • .50 BMG caliber rifles
  • Short-barreled shotguns and rifles
  • Semi-automatic firearms that accept more than 10 rounds
  • Semi-automatic firearms that can accept a detachable magazine

Specific makes and models of banned assault weapons in California can be found in Penal Code 30510, while Penal Code 30515 lists banned assault weapons based on general characteristics.

Exceptions to Assault Weapons Bans

In California, there are several exceptions to the law that allow an individual to possess a firearm that is classified as an assault weapon. These exceptions include:

  • Possessing the firearm before the law classified it as an assault weapon
  • Engaging in lawful target shooting or firearm exhibitions
  • Holding a valid permit to possess an assault weapon (not just a concealed firearms permit)
  • Being the administrator or executor of an estate that holds said firearms
  • Being a non-California resident who is traveling to or from an organized competition that involves such weapons

Defending Assault Weapon Charges

Not everyone who owns an assault weapon does so with the intent of harming others. Since practically any firearm can be purchased at the click of a button online, it’s common for many firearms owners to not be aware that their purchase is illegal in their city or municipality.

Because assault weapon charges in the State of California are so complex, it takes an experienced and meticulous defense attorney to properly defend your case. San Diego criminal defense lawyer Bradley Corbett is well versed in California’s assault weapon laws and will fight tirelessly to win the best verdict possible.

Common defenses to assault weapons charges include:

  • Having a valid permit to possess an assault weapon, not just a concealed firearm
  • The firearm was discovered as a result of an illegal search and seizure
  • Police misconduct

Assault Weapon Penalties

In California, different penalties exist for the possession of assault weapons versus the distribution, manufacturing, selling, transporting, lending, or giving away of assault weapons.

Those found in possession of assault weapons could face either a misdemeanor or a felony, depending on the situation. These penalties can range from up to a $1,000 fine and up to one year in a county jail, or up to three years in state prison and a maximum $10,000 fine.

On the other hand, if someone is found guilty of more than just possessing an assault weapon, they can face up to eight years in California State Prison for each illegal weapon involved in the case.

Don’t face assault weapon charges without the help of an expert attorney like San Diego criminal defense attorney Bradley Corbett. Call today for a free case consultation.

Why You Need an Assault Weapons Attorney?

Defending Against Assault Charges – Law Office of Bradley Corbett

If you have been charged with assault under California Penal Code 245(a)(1) or 245(a)(4), you are facing serious consequences that could impact your freedom, career, and reputation. Assault with a deadly weapon or force likely to produce great bodily injury is considered a serious felony or wobbler offense (a crime that can be charged as either a felony or misdemeanor). You will need the help of an Assault Weapons Attorney. At the Law Office of Bradley Corbett, we have years of experience successfully defending clients in San Diego, El Cajon, Chula Vista, and Oceanside against assault charges. We understand that many assault cases stem from misunderstandings, self-defense situations, or false accusations, and we aggressively fight to protect your rights.

Understanding Assault Charges – Penal Code 245(a)(1) & 245(a)(4)

PC 245(a)(1) – Assault with a Deadly Weapon (ADW)

Under Penal Code 245(a)(1), it is illegal to assault another person with a deadly weapon or instrument that is not a firearm. A deadly weapon can include:
  • Knives, baseball bats, or metal pipes
  • Broken bottles, tools, or any object used to inflict harm
  • Vehicles used to strike another person intentionally
This charge is considered a wobbler, meaning it can be filed as a misdemeanor or felony depending on the circumstances.

PC 245(a)(4) – Assault with Force Likely to Produce Great Bodily Injury (GBI)

Penal Code 245(a)(4) applies when someone assaults another person using force that could cause significant injury. Unlike ADW, no weapon is required—the person’s body alone (fists, feet, etc.) can be considered a weapon if the force used was extreme. This charge is often filed in bar fights, road rage incidents, or physical altercations where serious harm could have occurred. A conviction can carry jail or prison time, fines, and a permanent criminal record.

Common Scenarios That Lead to Assault Weapons Charges

Bar Fights

A night out in San Diego or Chula Vista can quickly escalate when alcohol, misunderstandings, or heated arguments come into play. Many bar fights result in one person being charged with assault, even if they were merely defending themselves.

Road Rage Incidents

Tensions run high on the roads, and road rage altercations can sometimes lead to physical confrontations. If the police believe you attacked another driver, you could face assault charges, even if you were simply acting in self-defense.

How Self-Defense Can Help Your Case

One of the strongest defenses against assault charges is self-defense. In California, you have the legal right to defend yourself or another person if:
  • You reasonably believed you were in imminent danger of being harmed
  • You used only the amount of force necessary to protect yourself
  • You did not provoke the incident or continue to use force once the threat ended
For example, if someone swung a bottle at you in a bar, and you pushed them away to prevent harm, you should not be convicted of assault—you were acting in self-defense.

Penalties for Assault in California

The penalties for assault under PC 245(a)(1) or 245(a)(4) depend on factors like:
  • The severity of injuries
  • Whether a deadly weapon was involved
  • The criminal history of the accused

Misdemeanor Assault

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Probation and community service

Felony Assault

  • 2 to 4 years in state prison
  • Fines up to $10,000
  • Possible strike under California’s Three Strikes Law
A felony conviction can impact employment, housing, and gun ownership rights, making strong legal defense crucial.

How the Law Office of Bradley Corbett Fights for You

With years of experience defending assault cases in San Diego, El Cajon, Chula Vista, and Oceanside, the Law Office of Bradley Corbett has a proven track record of success. We analyze every case thoroughly and develop a custom defense strategy tailored to your unique situation.

Common Defenses Against Assault Weapons Charges

  1. Self-Defense or Defense of Others If you acted to protect yourself or another person, we present evidence proving you were not the aggressor.
  2. False Accusations Many people falsely accuse others of assault due to revenge, personal disputes, or mistaken identity. We expose inconsistencies in the accuser’s story.
  3. Lack of Intent Assault requires intent—if the incident was an accident, we argue that no crime occurred.
  4. Insufficient Evidence Prosecutors must prove beyond a reasonable doubt that you committed the assault. If evidence is weak, contradictory, or unreliable, we work to dismiss or reduce charges.

Why Choose the Law Office of Bradley Corbett?

  • Top Criminal Defense Lawyer in San Diego with a history of winning tough assault cases
  • Aggressive Defense Strategies that challenge the prosecution’s claims
  • Extensive Experience handling bar fights, road rage cases, and self-defense claims
  • 24/7 Legal Support because we know that criminal cases are urgent
  • Free Consultation to review your case and discuss the best defense options
Bradley R. Corbett_Criminal Defense Attorney_Assault Weapons

Contact Us Today for a Free Consultation

If you are facing assault charges under PC 245(a)(1) or PC 245(a)(4), don’t fight this battle alone. A conviction can have life-changing consequences, but with the right legal defense, you can protect your freedom, future, and reputation. The Law Office of Bradley Corbett is dedicated to providing top-tier legal assault weapons defense in San Diego, El Cajon, Chula Vista, and Oceanside. Call us today for a free consultation and let us fight for you. 📍 Proudly serving clients throughout San Diego County, including El Cajon, Chula Vista, and Oceanside.

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

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Email: Bradley@Bradleycorbettlaw.com