What constitutes an assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Equarte, 229 Cal.Rptr. 116, 42 Cal.3d 456, 722 P.2d 890 (Cal. 1986):
2 An assault with a deadly weapon would be a serious felony if the defendant inflicted great bodily injury upon any person other than an accomplice ( 1192.7, subd. (c)(8)); personally used a firearm (id., see People v. Piper (1986) 42 Cal.3d 471, 229 Cal.Rptr. 125, 722 P.2d 899); committed the assault with intent to rape or rob (subd. (10)); assaulted a peace officer (subd. (11)); was a life prisoner assaulting a noninmate (subd. (12)); was an inmate (subd. (13)); employed a destructive device or an explosive with the intent to injure (subd. (15)) or murder (subd. (17)), or actually inflicted great bodily injury (subd. (23)); personally used a dangerous or deadly weapon (subd. (23)); or committed the assault in an attempt to commit any other crime listed in section 1192.7, subdivision (c).
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