What is a deadly weapon under section 245, subdivision (a)(1) of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Desmond V. (In re Desmond V.), F075673 (Cal. App. 2018):

A deadly weapon under section 245, subdivision (a)(1) is any object, instrument, or weapon employed in a manner capable of causing death or great bodily injury. Objects such as dirks and blackjacks have been found to be deadly weapons as a matter of law because their ordinary use establishes their nature as such. Other objects, although not deadly per se, can be used in a manner likely to produce death or great bodily injury. In determining if an object not inherently deadly or dangerous is employed in such a manner, the trier of fact may consider the nature of the object, the manner in which it was used, and any other facts relevant to the issue. (People v. Perez (2018) 4 Cal.5th 1055, 1065, citing People v. Aguilar (1997) 16 Cal.4th 1023, 1028-1029.)

Other Questions


Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Does section 583, subdivision (f) of the California Code of Civil Procedure, Section 583 (f), specify a jurisdiction? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for a conviction of assault with a deadly weapon under section 246 of the California Code of Civil Procedure? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
What is the test for obtaining relief under section 473, subdivision (b) of the California Civil Code of Civil Procedure, when the attorney is not at fault? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.