Castro Valley Man Arrested for Assault with a Deadly Weapon on Undercover Officers (CA Penal Code 245)

Rabin Nabizadeh
January 29, 2015

Oftentimes when individual citizens feel that they are under attack, they find it rational and reasonable to defend themselves the best way that they can, even if that means firing at one’s assailants.  When the persons who are the target happen to be plainclothes policemen, however, the legal line between defending oneself and assault becomes blurry.  This was exactly the case in a recent happening near 24th and Market streets.  Local law enforcement agents suspected that a 33-year-old Castro Valley man was hiding a marijuana grow house in a West Oakland building.  Walking near the building, and out of uniform and undercover, they seemed to the accused to be robbers, so he fired a few shots at them in an attempt to get them to vacate the premises.  What the Castro Valley man didn’t know was that he would soon be arrested for assault with a deadly weapon (ADW – CA Penal Code 245) and weapon violations in conjunction with drugs.  What you may not know is that a conviction for an ADW involving law enforcement comes with special, and more severe, penalties.

Violating CA PC 245 is a California ‘wobbler.’  This means that prosecutors may choose to treat it as either a misdemeanor or as a felony, depending upon how serious they view the violation to be.  If you are convicted of a misdemeanor ADW, you can expect to spend a maximum of 1 year in county jail.  However, if you are convicted of a felony ADW, with no special circumstances attached, you can expect a sentence of somewhere between 2 and 4 years in state prison.  The penalties only multiply if the crime involved a ‘protected person’ like a firefighter or a policeperson.  More importantly, an ADW with a firearm is always considered a felony and, depending upon the kind of firearm you used (a semiautomatic, machinegun, assault weapon,  or a .50 BMG rifle mean the harshest penalties), you could spend up to 12 years in state prison if convicted.

 

latest news

May 18, 2023
How To Beat a DUI in California

Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]

May 17, 2023
How To Defense Against a DUI in California

Driving under the influence has been a serious problem across the country for a long time, and it is good news that drunk driving rates have fallen significantly, particularly given the advent of ride-sharing apps. Unfortunately, there are still situations where drunk driving does occur, and everyone must understand their options if they are charged […]

May 16, 2023
How Much Does a DUI Cost in California?

Everyone needs to ensure they drive safely when they get behind the wheel of a car, which means they are not intoxicated. Even though it is good news that drunk driving rates have fallen significantly during the past few decades, it is also true that driving under the influence still happens. If you are convicted […]