What Is Possessing a Deadly Weapon with Intent to Assault?

Oakland deadly weapon possession with intent defense lawyer — Morris Law PC defending PC 17500 charges

Under California Penal Code § 17500, it is a misdemeanor to possess any deadly weapon with intent to assault another person.

This statute targets the moment before assault occurs — when a person has armed themselves and intends violence but hasn’t yet acted. Prosecutors often charge PC § 17500 when an assault is attempted but completed, or when a weapon is found on someone making threats.

If you face PC § 17500 charges in Oakland, call Morris Law: (510) 824-8831 — available 24/7.

The Elements of PC § 17500

  • You possessed a deadly weapon — Any object capable of causing death or great bodily injury
  • With specific intent to assault another person
  • The intent must be present at the time of possession

Penalties

Misdemeanor only:

  • Up to 6 months in Alameda County jail
  • Fines up to $1,000
  • 3 years summary probation
  • Anger management/counseling
  • Restraining order protecting alleged victim

What Counts as a “Deadly Weapon”?

Any object used or intended for use that is capable of producing death or great bodily injury:

  • Firearms (also chargeable under stricter gun laws)
  • Knives, blades, swords
  • Brass knuckles, batons, clubs
  • Objects with potential lethal force — even ordinary items used as weapons

Common Defenses

  • No intent to assault — Possession alone isn’t enough; specific intent required
  • Self-defense intent — Possessing for defense, not assault
  • Lawful purpose — Tool, hunting equipment, sport/competition
  • Constitutional violations — Illegal search of person or property
  • Mistaken identity — Wasn’t your weapon

Related Charges

Why Oakland Clients Choose Morris Law for Possessing Deadly Weapon with Intent Defense

Morris Law has built a reputation for aggressive, locally-focused criminal defense throughout the East Bay. When you’re facing possessing a deadly weapon with intent to assault charges in Alameda County, the experience that matters isn’t generic — it’s specific knowledge of how cases move through the local court system.

Deep Familiarity with Alameda County Courts

Every possessing a deadly weapon with intent to assault case in Oakland passes through Alameda County Superior Court. Misdemeanor matters are heard at the Wiley W. Manuel Courthouse at 661 Washington Street in downtown Oakland. Felony cases move to the René C. Davidson Courthouse at 1225 Fallon Street, near Lake Merritt. Federal cases — when applicable — go to the U.S. District Court for the Northern District of California. Attorney Seth Morris has appeared in all of these courtrooms hundreds of times.

Serving All of Oakland’s Neighborhoods

We represent clients from throughout Oakland — Downtown Oakland, East Oakland, West Oakland, North Oakland, Fruitvale, Rockridge, Temescal, Montclair, Lake Merritt, Jack London Square, and the Coliseum area. We also serve surrounding Alameda County cities including Alameda, Piedmont, Emeryville, San Leandro, Hayward, Fremont, Pleasanton, and Dublin.

A Practice Built on Hard Cases

Morris Law handles the full range of California criminal charges:

Strategic Bail and Pretrial Release

Many possessing a deadly weapon with intent to assault cases involve high bail or pretrial detention. We pursue bail reduction, OR release, and pretrial diversion where available. Read more: California bail, Santa Rita Jail guide, arraignment process.

Frequently Asked Questions About Oakland Possessing Deadly Weapon with Intent Charges

What is PC § 17500?

California Penal Code § 17500 makes it a misdemeanor to possess any deadly weapon with specific intent to assault another person. The statute targets the moment before assault — possession + intent without completed crime. Up to 6 months county jail.

What’s the difference between PC 17500 and assault?

Assault (PC § 240) requires an actual attempt to use force. PC § 17500 requires only possession with intent — no attempt necessary. It’s a ‘preparatory’ offense, charged when assault is interrupted or evidence shows intent without complete act.

What counts as a ‘deadly weapon’?

Any object capable of causing death or great bodily injury. Includes obvious weapons (knives, firearms, brass knuckles) AND ordinary objects used as weapons (baseball bat, bottle, scissors). Context and intent matter.

Is self-defense intent a defense?

Yes. If you possessed the weapon for self-defense (not to assault), that’s a complete defense. The statute requires specific INTENT TO ASSAULT — possession for protection doesn’t qualify. Concealed carry laws still apply.

Can I be charged just for carrying a knife?

Not under PC § 17500 alone — possession requires intent to assault. However, other knife laws may apply (PC § 21310 for switchblades, PC § 21510 for daggers/dirks). Carrying for utility, work, or sport isn’t typically PC § 17500.

What if police found multiple weapons?

Multiple weapons can be evidence of intent to assault, but possession alone (even of multiple weapons) doesn’t automatically prove intent. Defense focuses on lawful purpose for possession and lack of specific intent to assault.

Can PC 17500 be expunged?

Yes. After successful probation completion, PC § 17500 convictions are eligible for expungement under PC § 1203.4. Expungement removes conviction for most employment purposes. Federal firearm prohibitions may continue.

Will PC 17500 affect my gun rights?

Misdemeanor PC § 17500 may trigger California’s 10-year firearm prohibition under PC § 29805. Federal restrictions depend on the underlying weapon and conviction circumstances.

Will this affect my immigration status?

Possibly. PC § 17500 is generally considered a crime involving moral turpitude due to the intent to assault element. Non-citizens should consult immigration counsel before any plea.

What courts handle Oakland PC 17500 cases?

All misdemeanor PC § 17500 cases are heard at the Wiley W. Manuel Courthouse (661 Washington Street, Oakland).