What is the test for a motion to reduce a charge of assault to a simple assault under the California Penal Code?

California, United States of America


The following excerpt is from People v. Wilson, A150818 (Cal. App. 2018):

because it can be punished as a misdemeanor or a felony. (People v. Statum (2002) 28 Cal.4th 682, 685.) When a defendant is convicted of a felony, the sentencing court has the discretion to reduce this conviction to a misdemeanor under Penal Code section 17, subdivision (b). (People v. Park (2013) 56 Cal.4th 782, 789.) Given the charges, the evidence, and the court's thoughtful statement at sentencing of its reasons for rejecting defendant's motion, we see no arguable appellate issues regarding its rejection of defendant's two motions.

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