Is assault with a deadly weapon an assault punishable as a felony or a misdemeanor in adult court?
California, United States of America
The following excerpt is from People v. J.W. (In re J.W.), H038869 (Cal. App. 2013):
In the instant case, minor's assault with a deadly weapon was an offense punishable alternatively as a felony or a misdemeanor in adult court. (See People v. Statum (2002) 28 Cal.4th 682, 698 [assault with a deadly weapon is a "wobbler" offense].) The juvenile court failed, however, to declare minor's offense to be a misdemeanor or a felony. We accordingly remand to the juvenile court for an express declaration pursuant to Welfare and Institutions Code section 702 and possible
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recalculation of the maximum period of physical confinement based on the express declaration.
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