What constitutes an assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Mathis, B282869 (Cal. App. 2019):
Defendant's prior conviction was a violation of former section 245, subdivision (a)(1), under which an assault was committed either with a deadly weapon, or by means of force likely to cause great bodily injury.8 Under the Three Strikes law, assault with a deadly weapon is a "serious felony" which constitutes a strike, whereas assault by means of force likely to cause great bodily injury is not. (See 667, subd. (a); 1192.7, subd. (c); People v. Gallardo (2017) 4 Cal.5th 120, 123
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