Strike or Non-Strike Assault With A Deadly Weapon (PC 245): Criminal Defense Los Angeles
California assault laws can be confusing, especially when it comes to whether a charge is a strike under the Three Strikes Law. One of the biggest areas of confusion has always involved Penal Code 245, which covers felony assault.
Here is the simple breakdown, as explained by Los Angeles Criminal Defense Attorney
1. How the Law Used to Work (Old Law)
Before 2011, Penal Code 245(a)(1) included two very different types of assault:
- Assault with a deadly weapon, and
- Assault by means of force likely to produce great bodily injury (“force likely”).
Both were charged under the same subsection, but:
- Deadly weapon = strike
- Force likely = not automatically a strike
So under the old law, which wording the prosecutor used inside the 245(a)(1) charge determined whether the case was a strike or non-strike. Defense attorneys constantly fought to make sure the conviction reflected “force likely” language, not “deadly weapon,” to avoid strike consequences.
2. How the Law Works Now (Current Law)
In 2011, the Legislature cleaned up the statute and removed the confusion.
The law was split into two separate subsections:
PC 245(a)(1) – Assault with a Deadly Weapon
This is a strike
Involves a knife, bat, bottle, car, or any object used as a weapon
PC 245(a)(4) – Assault by Means of Force Likely to Produce GBI
This is NOT a strike (unless an actual GBI enhancement is separately pled and proven)
No weapon is required
This is the “serious fistfight” or “strong force” subsection
The purpose of the change was simple:
To make deadly-weapon assaults a strike
And to make “force likely” assaults non-strike by default
No more guessing.
No more relying on the specific words used inside the 245(a)(1) charge.
Now the statutes themselves determine strike vs. non-strike.
3. What About Misdemeanors?
A crucial point for clients:
ANY misdemeanor version of 245 is automatically a non-strike.
Even if the charge started as 245(a)(1) or 245(a)(4), once it is reduced to a misdemeanor, it cannot be a strike under California law.
This is often one of the main goals in negotiation:
✔ Reduce the case to a misdemeanor → Guaranteed non-strike
4. Why This Matters for Your Case
The difference between a strike and non-strike assault can affect:
- Future sentencing and exposure
- Probation eligibility
- Immigration consequences
- Employment background checks
- Firearms rights
- Housing
- Professional licenses
As a Los Angeles criminal defense attorney, I regularly negotiate these distinctions in court to protect my clients’ future.
Here is a clean, professional paragraph you can place at the end of the blog to advertise your services:
If you or a loved one is facing a felony or misdemeanor assault charge under Penal Code 245(a)(1) or 245(a)(4), the difference between a strike and a non-strike can change your entire future. As a Los Angeles criminal defense attorney with extensive experience negotiating non-strike resolutions, reducing felonies to misdemeanors, and protecting clients from immigration and Three Strikes consequences, I know how to fight these cases effectively in courts across L.A. County. Call me today at (323) 464-6424 for a confidential consultation and a strong, strategic defense.
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