Is a conviction for assault with a deadly weapon under section 245(1) of the California Criminal Code equivalent to an assault with the same amount of force?

California, United States of America


The following excerpt is from People v. Foster, C086875 (Cal. App. 2019):

The trial court found that the Arizona conviction was equivalent to a conviction for assault with a deadly weapon under section 245, subdivision (a)(2), which provides: "Any person who commits an assault upon the person of another with a firearm shall be punished . . . ." As relevant here, the elements of assault with a deadly weapon under section 245, subdivision (a)(2) are: (1) That defendant did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person; (2) Defendant did that act willfully; (3) When defendant acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; and (4) When defendant acted, he had the present ability to apply force . . . with a deadly weapon. (See CALCRIM No. 875; People v. Golde (2008) 163 Cal.App.4th 101, 121.)

Other Questions


Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (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 a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (California, United States of America)
Does section 654 of the California Criminal Code bar multiple punishments for robbery and assault with a deadly weapon convictions? (California, United States of America)
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)
What is the range of sentences for a man convicted of a serious-felony assault, assault and assault committed under section 654 of the California Criminal Code? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does section 654 of the California Criminal Code allow a defendant to be convicted of assault with a deadly weapon on multiple victims? (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)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.