Can a jury reasonably find that assault with a deadly weapon is not an assault with intent?
California, United States of America
The following excerpt is from People v. Rodriguez, F078929 (Cal. App. 2020):
Based on the evidence, the jury could not reasonably have found defendant guilty of only simple assault and not assault with a deadly weapon. Accordingly, the trial court did not err in failing to instruct on simple assault as a lesser included offense. (People v. Breverman (1998) 19 Cal. 4th 142, 162 (Breverman).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
Is assault with a deadly weapon an assault with intent to kill a defendant barred from a retrial? (California, United States of America)
What is the difference between assault with a deadly weapon and assault with intent to commit murder? (California, United States of America)
Does a jury have to consider the definition of "deadly weapon" in their instructions to the jury on the crime of assault with a deadly weapon? (California, United States of America)
What is the case law on sexual assault with intent to rape, assault with a deadly weapon and robbery? (California, United States of America)
Can a jury still convict a defendant of assault with a deadly weapon for assault with intent? (California, United States of America)
Can assault with a deadly weapon be considered an assault with intent to commit murder? (California, United States of America)
Can a defendant be punished for both illegal possession of a weapon and assault with a deadly weapon under section 654 of the California Criminal Code? (California, United States of America)
