California Assault With A Deadly Weapon law under Penal Code Section 245(a)(1) explained in detail. Prosecutors can charge this offense as a misdemeanor or a felony, carrying up to 4 years in jail or prison.Assault with a deadly weapon is often referred to as. Section 245(a)(1) states that an individual who commits aggravated assault with a weapon other than a firearm can receive the following penalties. If you have been charged with assault with a deadly weapon, you want to consult a California criminal defense lawyer. LegalMatch. Assault with a deadly weapon is not a civil complaint - it is a criminal complaint. You can file a criminal complaint with local law enforcement. Los Angeles criminal defense lawyer explains California Penal Code 245(a)(1) assault with a deadly weapon law, penalties, and how to best fight the charges. Assault is a serious offense in California, so if you find yourself in any situation involving California assault charges, you should hire a lawyer immediately. Negligent discharge of a firearm is outlined under California Penal Code 246.3.