CALIFORNIA PENAL CODE
TITLE 8. OF CRIMES AGAINST THE PERSON
CHAPTER 9. ASSAULT AND BATTERY
240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
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, 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, 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 deemeda 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.