How to Beat an Assault with a Deadly Weapon Charge in California
If you’ve ever defended yourself in a heated moment — and thought that was the end of it — think again. In California, just holding something that looks dangerous can get you charged with Assault with a Deadly Weapon… even if no one was hurt, and you never touched that person.
Because when the law blurs the line between self-defense and assault… your freedom depends on knowing the difference.
#1: What is Assault with a Deadly Weapon in California?
In California, “Assault with a Deadly Weapon” — or “ADW” — is defined under Penal Code section 245(a)(1). It’s a serious felony. The law says that anyone who assaults another person *with a deadly weapon can be charged with assault.
Let’s break that down: Assault in California doesn’t require actual contact. It just means that someone allegedly took a swing, a stab, or even made a threatening move *with the apparent ability* to carry it out. You don’t have to touch someone to be charged with assault.
“Deadly Weapon” can be a knife, or any object like a bat, a car, or a bottle, even a sharp pencil— anything that can cause serious injury or death if used the wrong way. I had a case where the police obtained a video of a person trying to run over another person with their car. A car is not a deadly weapon, but it can be used to hurt or kill someone. You can be charged with assault with a weapon using a car. In California, if this happens to you, you can lose your driving privileges for the rest of your life.
Now in order for you to get convicted of assault with a deadly weapon, the prosecution must prove that the force you used was “likely to produce great bodily injury,” which means what you did didn’t just scare someone — it means you posed a real, significant threat to their safety. And the prosecution has to prove this beyond a reasonable doubt.
For example, if you take a single cotton ball and throw it at someone, that’s not likely to produce great bodily injury. Versus if you take a crowbar and throw it at someone, that is likely to produce great bodily injury.
#2: What the Prosecution Must Prove
In order to get you convicted of assault with a deadly weapon, the prosecution has to prove beyond a reasonable doubt:
- That you did some act
- That you did so with a deadly weapon
- That you acted willfully or on purpose
- That you had the ability to apply force to the other person
And here’s the kicker — they don’t have to prove that any injury actually occurred. That’s why so many people are shocked to be facing felony charges when no one even was touched, injured, hurt or went to the hospital.
For example, someone allegedly threw a water bottle during an argument and it barely missed the other person’s head. No one was injured, the bottle didn’t touch the other person. The person throwing the water bottle was charged as assault with a deadly weapon, even when no one was hurt.
What’s considered a deadly weapon? You might be thinking, “But I didn’t have a weapon!” California law defines a deadly weapon very broadly. Firearms and knives certainly qualify. But so do objects like:
- A heavy glass bottle thrown at someone’s head
- A dog trained to attack
- Even a pen, if used to stab
Bottom line: It’s not about what the object is — it’s about how it was used.
#3: Real Defenses That Work
Self-Defense: California law recognizes your right to protect yourself — and others — when facing a real threat of harm. If you believed that you or someone else was in imminent danger, and you used reasonable force to stop the threat, that can be a complete defense to a charge of Assault with a Deadly Weapon.
The key words here are “reasonable” and “imminent.” That means:
- The threat had to be happening right then, not something vague, speculative or in the distant future.
- The force you use must match the threat — you have to use no more force than necessary to stop the danger.
For example, if someone rushes at you with a broken bottle in a bar fight and you swing a chair to protect yourself, that may be justified. But if the threat ends — they back down or walk away — and then you chase them and pull a knife, that crosses the line from defense to retaliation.
We see this defense come up often in situations involving:
- Domestic violence allegations where one person claims self-defense and the other claims assault
- Bar fights where alcohol clouds judgment and witnesses get confused
- Neighborhood or road rage incidents where one party claims they felt threatened and acted to protect themselves or a passenger
It’s also important to understand that self-defense doesn’t require you to wait to be hit first. If someone takes an aggressive posture, threatens you verbally, or makes a sudden move — and you reasonably believe you’re about to be attacked — you can act to protect yourself.
What matters most is what you knew or believed in that moment, and whether your actions were reasonable under the circumstances. It’s important when you are building your defense to dig into the details — surveillance footage, eyewitness testimony, past behavior of the alleged victim or accused — to show why your actions were justified and legal.
False Accusations:
Sometimes people make accusations for leverage — in a breakup, a custody dispute, or to avoid getting arrested themselves. There can be many reasons why the person that’s making the claim are saying they felt threatened by you. In a divorce situation for example, when one spouse is getting ready to file for divorce, they can try to get some sort of leverage in a custody battle by claiming they were assaulted and try and get you disqualified from having custody of the kids.
For your defense you can also argue:
No Present Ability:
If you didn’t actually have the ability to carry out the alleged threat — for instance, if someone accused you of trying to hit them with your car, but your engine was off and you were blocked in by other vehicles — the case can fall apart. You can’t assault someone with a deadly weapon if there was no real way to make contact or cause harm.
Insufficient Evidence:
Sometimes the police only have the word of the alleged “victim,” with no injury, no weapon recovered, and no other witnesses and no corroboration. If may be harder for the prosecutor to get you convicted if there is no corroboration.
#4: What Happens if You’re Convicted?
Assault with a Deadly Weapon is a “wobbler” in California — meaning it can be charged as either a misdemeanor or a felony.
If it’s charged as a felony, you’re looking a up to 4 years in state prison; strike under California’s Three Strikes Law; loss of firearm rights.
And if it’s a misdemeanor, you could still face up to 1 year in county jail; probation and fines; a permanent criminal record.
#5: How a Skilled Attorney Can Help
Here’s where strategy matters.
In many cases, good defense involves presenting mitigating evidence early — before charges are ever filed. This could include witness statements, surveillance footage, or evidence showing self-defense.
Submitting a request to the District Attorney to not issue the case or not file charges.
If charges are already filed, start investigating and building your defense right away. That includes challenging the credibility of witnesses, questioning how the weapon was allegedly used, and identifying holes in the prosecution’s story.
With the right strategy and if you act fast, you may be able to get cases dismissed entirely or reduce your charge from felonies to misdemeanors or to infractions.
But you have to act early. The sooner you get legal help, the more options you have.
If you or someone you care about faces an assault with a deadly weapon charge in California, don’t make the mistake of pleading guilty without a review of all your defenses in your case. Contact Knight Law at 408-877-6177 for a confidential evaluation.
