What are the elements of assault with a deadly weapon?

California, United States of America


The following excerpt is from People v. Chambers, A159908 (Cal. App. 2021):

The elements of assault with a deadly weapon are: (1) the 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) the defendant did the act willfully; (3) when he or she did so, the defendant was aware of facts that would lead a reasonable person to realize his or her act would result in the application of force to someone; and (4) the defendant had the present ability to apply force with the deadly weapon. ( 240, 245, subd. (a)(1); People v. Golde (2008) 163 Cal.App.4th 101, 120-123.)

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