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semi-automatic weapons

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teacher liz

Junior Member
What is the name of your state? california
My question is, If a defendant is found guilty of three counts of assult with a semi-automatic weapon, how many years can he get?
 


JustAPal00

Senior Member
I found this on a California lawyers web site!

The penalty for a typical assault conviction is dependant upon the severity of the crime, but may consist of a jail term up to 6 months and/or a monetary fine up to $1,000.

The fact that it was with a semi auto doesn't matter, unless they are charged with attempted murder!
 

mommyof4

Senior Member
I found this on a California lawyers web site!

The penalty for a typical assault conviction is dependant upon the severity of the crime, but may consist of a jail term up to 6 months and/or a monetary fine up to $1,000.

The fact that it was with a semi auto doesn't matter, unless they are charged with attempted murder!
VERY wrong answer:

California code:

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as
defined in Section 12278, shall be punished by imprisonment in the
state prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.

(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 12200, or an assault weapon, as defined in Section
12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.

(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Section 12028.
(f) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.




(con't below)
 
Last edited:

mommyof4

Senior Member
California is a bit wordy.
245.1. As used in Sections 148.2, 241, 243, 244.5, and 245, "fireman"
or "firefighter" includes any person who is an officer, employee or
member of a fire department or fire protection or firefighting agency
of the federal government, the State of California, a city, county,
city and county, district, or other public or municipal corporation
or political subdivision of this state, whether this person is a
volunteer or partly paid or fully paid.
As used in Section 148.2, "emergency rescue personnel" means any
person who is an officer, employee or member of a fire department or
fire protection or firefighting agency of the federal government, the
State of California, a city, county, city and county, district, or
other public or municipal corporation or political subdivision of
this state, whether this person is a volunteer or partly paid or
fully paid, while he or she is actually engaged in the on-the-site
rescue of persons or property during an emergency as defined by
subdivision (c) of Section 148.3.

245.2. Every person who commits an assault with a deadly weapon or
instrument or by any means of force likely to produce great bodily
injury upon the person of an operator, driver, or passenger on a bus,
taxicab, streetcar, cable car, trackless trolley, or other motor
vehicle, including a vehicle operated on stationary rails or on a
track or rail suspended in the air, used for the transportation of
persons for hire, or upon the person of a station agent or ticket
agent for the entity providing such transportation, when the driver,
operator, or agent is engaged in the performance of his or her
duties, and where the person who commits the assault knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, or is a passenger, shall be punished by
imprisonment in the state prison for three, four, or five years.

245.3. Every person who commits an assault with a deadly weapon or
instrument or by any means likely to produce great bodily injury upon
the person of a custodial officer as defined in Section 831 or
831.5, and who knows or reasonably should know that such victim is
such a custodial officer engaged in the performance of his duties,
shall be punished by imprisonment in the state prison for three,
four, or five years.
When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and such weapon
or instrument is owned by such person, the court may, in its
discretion, order that the weapon or instrument be deemed a nuisance
and shall be confiscated and destroyed in the manner provided by
Section 12028.

245.5. (a) Every person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a school employee, and
who knows or reasonably should know that the victim is a school
employee engaged in the performance of his or her duties, when that
school employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years, or in a county jail not exceeding one year.
(b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should know
that the victim is a school employee engaged in the performance of
his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for four, six, or eight years, or in a county
jail for not less than six months and not exceeding one year.
(c) Every person who commits an assault upon the person of a
school employee with a stun gun or taser, and who knows or reasonably
should know that the person is a school employee engaged in the
performance of his or her duties, when the school employee is engaged
in the performance of his or her duties, shall be punished by
imprisonment in a county jail for a term not exceeding one year or by
imprisonment in the state prison for two, three, or four years.
This subdivision shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
(d) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. "School employee," as used in this
section, also includes a student teacher, or a school board member.
"School," as used in this section, has the same meaning as that term
is defined in Section 626.[/QUOTAnd this is assuming that your friend didn't commit the multiple offenses in the commission of another crime such as rape, burglary, etc.
 

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