Ventura Assault with a Firearm Attorney

In California, if you have been charged with assault with a firearm, you will be subject to severe penalties. Depending on the circumstances behind the crime, assault with a firearm can be charged as either a misdemeanor or a felony.

The Law Offices of Bamieh & De Smeth, PLC, understand the long-lasting implications of being convicted for assault with a firearm. We make it our mission to provide the highest level of defense to protect you from the consequences of a conviction.

Penal Code § 245(a)(2)

When a gun was used during an assault offense, prosecutors will charge the defendant under California Penal Code §245 (a)(2). Even just pointing a gun at someone is enough to be charged with assault with a firearm.

California law defines a firearm as any device that serves as a weapon in which a projectile can be expelled through a barrel. A firearm may include a pistol, shotgun, revolver, assault weapon, or rifle.

Penalties Under Penal Code § 245(a)(2)

Under the law, a person who commits assault with a firearm may be charged with a misdemeanor or felony.

If you are charged with a misdemeanor, you may be subject to:

• Six months to one year in county jail
• A potential fine of $1,000

If you are charged with a felony, you may be subject to:

• 2-4 years in state prison
• A potential fine of $10,000

An assault with a firearm conviction may result in both jail time and fines. The severity of your charges will depend on the type of firearm used and if you have a past criminal record. If you are charged with assault on a police officer, you will be charged with a felony offense.

Possible Defenses

There are many defenses available for assault with a firearm. A seasoned attorney will know what defenses will apply in your case.

Potential defenses may include:

• Self-defense: You have the right to protect yourself if you believe that you or another person is in danger of imminent bodily harm and using physical force was the only way to protect yourself or another
• Lack of intent: Assault with a firearm requires that you are committing the act intentionally and willfully. If you lack intent, in criminal law known as mens rea, then you do not satisfy the criteria to be charged for the crime.
• False accusation: Someone may have accused you of the crime when you, in fact, did not commit it.

Contact our California Assault with a Firearm Defense Attorneys

Every person who has been charged with a crime has a right to representation in court. Our founding attorney, Ron S. Bamieh, had a successful career in the Ventura County District Attorney’s office, giving him insight into how the district attorney’s office functions.

Having an attorney with experience representing the interests of the state gives our clients an advantage. Attorney Ron S. Bamieh knows a prosecutor’s tactics and will use that knowledge to build the strongest defense.

At Bamieh & De Smeth, you are more than just a number. We give each client our undivided attention, time, and resources. We will do whatever it takes to get your charges reduced or entirely dropped. To set up your initial consultation, contact us online or by calling 805-643-5555.