Is assault with a deadly weapon a crime punishable by a life sentence?

California, United States of America


The following excerpt is from People v. Bertran, B266448 (Cal. App. 2016):

Assault with a deadly weapon is not listed as one of the specific violent felonies. However, because Bertran was sentenced under the Three Strikes law to 25 years to life, the question is whether his three strikes sentence converted his crime into a felony punishable by a life sentence for purposes of the catchall in section 667.5, subdivision (c)(7). That question was resolved by People v. Thomas (1999) 21 Cal.4th 1122, 1130, which held that "sections 2933.1 and 667.5[, subd.] (c)(7) limit a defendant's presentence conduct credit to a maximum of 15 percent only when the defendant's current conviction is itself punishable by life imprisonment, not when it is so punishable solely due to his status as a recidivist."

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