What are the elements of assault with a deadly weapon?

California, United States of America


The following excerpt is from People v. Brian Ly, G045177 (Cal. App. 2012):

The elements of assault with a deadly weapon are: (1) the defendant did an act with a semiautomatic firearm 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 semiautomatic firearm. ( 240, 245, subd. (b)(1); People v. Golde (2008) 163 Cal.App.4th 101, 121.)

"[A] defendant may be held criminally responsible as an accomplice not only for the crime he or she intended to aid and abet (the target crime), but also for any other crime that is the 'natural and probable consequence' of the target crime." (People v. Prettyman (1996) 14 Cal.4th 248, 261.) A jury "must find that the defendant, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of a predicate or target offense; (3) by act or advice aided, promoted, encouraged or instigated the commission of the target crime[;] . . . (4) the defendant's confederate committed an offense other than the target crime; and (5) the offense committed by the confederate was a natural and probable consequence of the target crime that the defendant aided and abetted." (Id. at p. 262, fn. omitted.)

Page 11

Other Questions


Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (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 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)
Does a jury have to consider the definition of "deadly weapon" in their instructions to the jury on the crime of assault with a deadly weapon? (California, United States of America)
What is the test for brandishing a weapon under the elements test of assault with a deadly weapon? (California, United States of America)
Does the Attorney General have any responsibility for omitting the definition of the element of assault with a deadly weapon? (California, United States of America)
What is the difference between assault with a deadly weapon and assault with intent to commit murder? (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)
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)
What are the elements of assault with a deadly weapon? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.