Posted on July 13, 2015
California Penal Code 17500 PC – Possession of a Deadly Weapon with Intent to Assault
What is Penal Code 17500?
In California, possession of a deadly weapon with the intent to assault another is defined under Penal Code 17500 pc as, “Every person having upon the person any deadly weapon, with intent to assault another, is guilty of a misdemeanor.”
Elements of the Charge
In order to prove that someone is guilty of possession of a deadly weapon with the intent to commit an assault upon another, the prosecutor must prove each element beyond a reasonable doubt:
1. Defendant carried a deadly weapon on his or her person
2. Defendant knew he or she was carrying a deadly weapon
3. Defendant had the intentions of assaulting someone with the deadly weapon
Legal Defenses to PC 17500
• The police officers violated your Fourth Amendment right by committing an unreasonable search of your vehicle, person, or home, or unlawfully detained you without any probable cause of reasonable suspicion.
• You did not know you were carrying a deadly weapon. Perhaps you were holding a bag for someone else or a friend left the weapon in your vehicle on accident without your knowledge.
• You did not have the intentions of committing an assault with the deadly weapon.
• Your statements used to prove you were going to assault someone with the deadly weapon was the product of a violation of your Miranda rights.
• The device is not considered a deadly weapon.
• The alleged weapon would not inherently cause death or great bodily injury.
• The police officers are fabricating or exaggerating the circumstances against you.
• You were not “carrying” the deadly weapon in conformity with the statutory definition of this crime.
Punishment & Sentence
As noted above, possession of a deadly weapon with the intent to assault is a misdemeanor offense which means one’s maximum exposure in custody if convicted is one year in the county jail. Usually the court will impose probation, fines, as well as anger management / counseling classes. Additionally, if convicted, one could consequently face adverse immigration consequences, the court may order a protective order, and one could temporarily lose their search and seizure rights.
What is a Deadly Weapon?
There is no clear definition of what constitutes a “deadly weapon” under this statute. However, CALCRIM 875 defines a deadly weapon as “any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing and likely to cause dead or great bodily injury.” Common deadly weapon examples are:
• Baseball Bat
• Brass Knuckles
• Roll of Quarters
Contact Us for a Free Consultation
If you have been arrested or charged with possessing a deadly weapon with the intent to assault, then contact the Law Offices of John D. Rogers to schedule a free consultation with an experienced Orange County criminal defense attorney.