Does Section 245(a)(1) of the California Penal Code apply to assault with a weapon other than a firearm?
California, United States of America
The following excerpt is from People v. Marsh, 249 Cal.Rptr.3d 749, 37 Cal.App.5th 474 (Cal. App. 2019):
Section 245(a)(1) punishes assaults committed "with a deadly weapon or instrument other than a firearm."2 Whether or not the victim is injured is immaterial because the statute focuses on use of a deadly weapon or instrument. ( People v. Aguilar (1997) 16 Cal.4th 1023, 1028, 68 Cal.Rptr.2d 655, 945 P.2d 1204 ( Aguilar ); see
[249 Cal.Rptr.3d 759]
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