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

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]

October 9, 2023
San Jose Common Questions About Criminal Defense

Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]

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 […]