In what circumstances will a defendant be found guilty of assault by reason of mistaken identity?

California, United States of America


The following excerpt is from People v. Jacobs, F076948 (Cal. App. 2020):

In People v. Williams (2001) 26 Cal.4th 779, the state high court left its holding in Colantuono intact (People v. Williams, supra, at p. 788), but clarified: "[A] defendant is only guilty of assault if he intends to commit an act 'which would be indictable [as a battery], if done, either from its own character or that of its natural and probable consequences.' [Citation.] Logically, a defendant cannot have such an intent unless he actually knows those facts sufficient to establish that his act by its nature will probably and directly result in physical force being applied to another, i.e., a battery. [Citation.] In other words, a defendant guilty of assault must be aware of the facts that would lead a reasonable person to realize that a battery would directly, naturally and probably result from his conduct. He may not be convicted based on facts he did not know but should have known. He, however, need not be subjectively aware of the risk that a battery might occur." (Id. at pp. 787-788, fn. omitted.) "[A] defendant who honestly believes that his

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