What are the elements of assault with a firearm?
California, United States of America
The following excerpt is from The People v. Cook, 111 Cal.Rptr.2d 204, 91 Cal. App. 4th 910 (Cal. App. 2001):
The elements of assault with a firearm, under section 245, subdivision (a)(2) include (1) an assault, which requires the intent to commit a battery, and (2) the foreseeable consequence of which is the infliction of great bodily injury upon the subject of the assault. (See People v. Smith (1997) 57 Cal.App.4th 1470, 1484.) Murder is the killing of a human being with the intent unlawfully to kill. ( 187, 188; People v. Bobo (1990) 229 Cal.App.3d 1417, 1433.) Consequently, when murder is alleged to have been committed by means of a firearm, it cannot be so committed without also committing an assault with a firearm.
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