California Penal Code § 245(a) is not a Crime of Violence

On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc). After this decision, no conviction for PC § 245(a)(1) can be an aggravated felony. For criminal defenders, the best practice is to avoid a PC § 245(a)(1) conviction until the timeline for certiorari on Gomez has expired—the ninety-day period