Understanding Penal Code 245(a)(2) and Bail in Sierra County

An Arrest for assault with a firearm is one of those charges that instantly changes the tone of everything. Even before the first court date, families in Sierra County are suddenly dealing with the Sheriff, confusing paperwork, and urgent questions: Is this a felony? What does 245(a)(2) actually mean? How serious are the penalties? Can bail be posted—and how fast can we get them home?

This blog breaks down Penal Code 245(a)(2) in plain English, what prosecutors generally have to prove, what happens after an arrest, and how bail often works in Sierra County. We’ll also explain how a Bail bond (sometimes written as bailbond) works through a licensed bail bondsman and bail agent, and we’ll end with what makes Bail House Bail Bonds stand out compared to other agencies in the surrounding area. A Q&A section is included at the end.

Important: This is general legal information—not legal advice. If you’re facing a 245(a)(2) case, consult a California criminal defense attorney immediately.

What Is 245(a)(2) Felony?

California Penal Code 245(a)(2) covers assault with a firearm. Under the statute, any person who commits an assault upon another person with a firearm can face serious criminal penalties.

This is not the same thing as “brandishing” or “having a gun near you.” The word assault has a specific legal meaning in California, and it can be charged even if no one is actually injured.

What Counts as “Assault” in California?

California defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.

That definition matters because it explains why prosecutors sometimes file assault charges in situations where:

• A person didn’t make physical contact, but allegedly tried to,
• A person acted in a way that could have caused injury, and
• The person had the immediate ability to carry it out.

When you combine that legal definition with the firearm allegation, the charge becomes assault with a firearm under 245(a)(2).

Elements of Assault With a Firearm

While every case is fact-specific, the prosecution typically aims to prove:

1. An assault occurred under California’s definition (attempt + present ability), and
2. The assault was committed with a firearm.

This is why 245(a)(2) cases can turn heavily on details like distance, capability, what was actually done, witness accounts, and whether the person had the present ability to carry out violent injury at that moment.

Is 245(a)(2) Always a Felony?

You’ll often hear people refer to 245(a)(2) Felony, and it’s true that it can be prosecuted as a felony. But the statute itself allows punishment either in state prison or in county jail, which is why prosecutors may treat it as a “wobbler” depending on the facts. The law states that assault with a firearm is punishable by:

• State prison for two, three, or four years, or
• County jail for not less than six months and not exceeding one year, and/or
• A fine up to $10,000.

Whether the case is filed as a felony, and what sentence exposure looks like, depends on the circumstances (including criminal history, alleged injuries, and other related charges).

Why These Cases Get Filed in Sierra County

In Sierra County, a 245(a)(2) case can start in many ways. Common scenarios include:

• A disturbance call where someone alleges a firearm was used in a threatening or violent way
• A confrontation between neighbors, family members, or strangers
• A road-rage incident
• A hunting-area dispute that escalates
• A report of shots fired or “gun seen” that leads to investigation

Once deputies or responding officers believe they have probable cause, an Arrest can happen quickly—sometimes even before all facts are fully sorted out.

What Happens After an Arrest for 245(a)(2)

After an Arrest, most people go through:

1. Booking and processing (fingerprints, records check, classification)
2. A decision on whether the person is held for bail or court review
3. Bail set by schedule (in many cases) or adjusted by a judge/magistrate
4. Arraignment and court conditions

Because the allegation involves a firearm, courts often treat the case as high-stakes for safety and compliance reasons—meaning the bail process and release conditions can be stricter than people expect.

Bail in Sierra County: What the Schedule Shows

In Sierra County’s felony bail schedule, Penal Code 245(a)(1)(2)(4) is listed under “Assault with a Deadly Weapon or Force Likely to Produce Great Bodily Injury” with a presumptive bail of $25,000—and this listing includes 245(a)(2).

The schedule also explains key bail mechanics that families should know:

• If bail hasn’t already been set by a judge, the presumptive bail schedule is applied.
• Bail can be modified for good cause by a magistrate.
• If someone is booked for multiple offenses on the same date, bail may be limited to double the amount of the highest-bail offense; if offenses occur on separate dates, bail may be cumulative.

Important: Bail can change depending on the facts, additional allegations, prior history, and court decisions. The schedule is a starting point—not a guarantee.

What Is a Bail Bond (Bailbond)?

If bail is set and paying the full amount is unrealistic (which is common), a Bail bond—often written as bailbond—can be the fastest way to secure release.

A bail bondsman (working as a licensed bail agent) posts the bail bond as a financial guarantee to the court that the defendant will:

• appear at all required hearings, and
• follow any court-ordered conditions of release.

A bail bond doesn’t erase the case. It simply allows the person to fight the case from home instead of sitting in custody while the court process unfolds.

Why Speed Matters in Assault With a Firearm Cases

When someone is in custody, every day matters. Quick release can help them:

• meet with an attorney and start building a defense
• maintain employment and family stability
• address housing, medical needs, and court planning
• avoid the pressure and limitations of jail while the case is pending

For families, getting a bail plan in place quickly often reduces panic and helps you shift into “next steps” mode.

What Families Should Do Right Away

If someone you care about is arrested for assault with a firearm in Sierra County, these are the safest, most practical moves:

1. Confirm the booking details (full name, date of birth, booking number if available, charges).
2. Do not discuss the case facts on recorded calls. Stick to logistics.
3. Find out the bail amount and whether there are holds or additional charges that affect release.
4. Contact an attorney early. 245(a)(2) cases can involve complicated “present ability,” intent, and witness credibility issues.
5. If bail is set, contact a reputable bail agent / bail bondsman to post a bailbond.

Q&A: 245(a)(2) Assault With a Firearm in Sierra County

1) What is 245(a)(2) in California?

Penal Code 245(a)(2) covers assault with a firearm and provides penalties that can include two, three, or four years in state prison or six months to one year in county jail, plus potential fines.

2) Does someone have to be injured for this to be charged?

Not necessarily. California assault focuses on an unlawful attempt with present ability to commit violent injury—not on whether injury actually happened.

3) What is the presumptive bail for 245(a)(2) in Sierra County?

Sierra County’s felony bail schedule lists 245(a)(1)(2)(4) at $25,000, and this includes 245(a)(2).

4) Can bail be changed after an arrest?

Yes. Sierra County’s schedule explains bail can be modified for good cause by a magistrate, depending on the circumstances.

5) How does a bail bond help?

If bail is set, a Bail bond (bailbond) posted by a licensed bail bondsman / bail agent can help secure release without paying the full bail amount in cash—so the person can return home and prepare for court.

What Makes Bail House Bail Bonds Stand Out in the Surrounding Area

When a loved one is arrested, families don’t want vague answers—they want clear direction and fast action. Bail House Bail Bonds stands out because they focus on professionalism, speed, and making the process understandable during a high-stress moment.

What people value most about Bail House Bail Bonds:

• Fast response and clear communication: You get straightforward steps and expectations when time matters.
• Experience with serious felony cases: A 245(a)(2) arrest is not “routine,” and having a calm guide helps.
• Confidential, respectful service: Firearm-related allegations carry stigma—discretion matters.
• Step-by-step support: From understanding a bail schedule to posting the Bail bond properly, they help families move quickly and correctly.

If you need a reliable bail bondsman and bail agent to post a bailbond in the Sierra County region, Bail House Bail Bonds helps you move from panic to a plan.

All Things Considered 

A 245(a)(2) Felony arrest—assault with a firearm—is serious, and it can move quickly through the system once the Sheriff is involved. Understanding the basic legal definition of assault and the penalty range helps families stay grounded while they take action.

If bail is set and you need help fast, working with Bail House Bail Bonds gives you a clear path forward through a trusted bail agent and bail bondsman—so you can focus on court compliance, legal defense, and getting life stabilized.