What is the standard for a jury to convict a defendant of assault?

California, United States of America


The following excerpt is from People v. Moore, B265135 (Cal. App. 2016):

evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt."'"' [Citation.] . . . 'We presume "'in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.] This standard applies whether direct or circumstantial evidence is involved." [Citation.]' [Citation.]" (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 294.)

An assault is "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." ( 240.) "[A] person who harbors the requisite intent for assault is guilty of the assault of all persons actually assaulted." (People v. Trujillo (2010) 181 Cal.App.4th 1344, 1354-1355.) For assault, there are as many crimes as there are victims. "Because the gravamen of assault is the likelihood that the defendant's actions will result in a violent injury to another [citations], it follows that a victim of assault is one for whom such an injury was likely." (Id. at p. 1355, italics omitted.)

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