Does a Conviction for PC 245(a)(1) Carry a Firearm Prohibition in California?
In California, a conviction for Penal Code 245(a)(1) carries a firearm prohibition. This means that individuals who have been convicted of this crime are prohibited from owning, possessing, or purchasing firearms.
Penal Code 245(a)(1) is defined as “Assault with a deadly weapon or force likely to produce great bodily injury.” This offense is considered a “wobbler” in California, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the discretion of the prosecutor.
If an individual is convicted of PC 245(a)(1) as a misdemeanor, they will be prohibited from owning, possessing, or purchasing firearms for a period of 10 years. If they are convicted of the offense as a felony, they will be prohibited from owning, possessing, or purchasing firearms for life.
This prohibition applies to all firearms, including handguns, rifles, and shotguns. It also applies to all types of ammunition, as well as any device that can be used to convert a firearm into an assault weapon.
The California Penal Code also states that any person who is prohibited from owning, possessing, or purchasing firearms must immediately relinquish any firearms they currently possess to the local law enforcement agency or sell them to a licensed firearms dealer.
An individual who does possess a firearm during the lifetime or 10-year period may be charged in either California state court or federal court with possessing a firearm by a prohibited person.
If you’re charged with assault with a deadly weapon and seeking a lawyer for assistance, then give the Law Offices of John D. Rogers a call today. We help our clients charged with violent crimes throughout Southern California.