Can a criminal threat be used to support a charge of assault?
California, United States of America
The following excerpt is from People v. Washington, D052152 (Cal. App. 2/18/2009), D052152. (Cal. App. 2009):
Appellant also asserts the threatening words somehow "merged" into the assault. However, a criminal threat is not an element of assault, and the evidence of a threat can be used to support both a felony assault under Penal Code section 245, subdivision (a), and a separate count of a criminal threat under Penal Code section 422. (People v. Steele (2008) 164 Cal.App.4th 1195, 1207.)
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