What is the burden of proving a violation of section 245 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Sardina, B233143 (Cal. App. 2012):

"'To prove a violation of Penal Code section 245, subdivision (a), the prosecution must establish that a person was assaulted and that the assault was committed by the use of a deadly weapon or instrument or by means of force likely to produce great bodily injury.'" (People v. Griggs (1989) 216 Cal.App.3d 734, 739-740.) It is a general criminal intent crime that requires proof only of an attempt to commit a violent injury on another person. It does not require proof that an injury occurred. (Ibid.)

"Self-defense negates culpability for assaultive crimes, whether or not the assault results in death. [Citations.] In either event self-defense goes directly to guilt or innocence. [Citations.] On matters directly going to guilt or innocence, the burden of persuasion is on the state. [Citations.]" (People v. Adrian (1982) 135 Cal.App.3d 335, 340-341.)

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