Cal Pen Code § 245 (2004)
§ 245. Assault with deadly weapon or by force likely to produce great
bodily injury
(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 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.