What is the test for determining whether a defendant is guilty of a charge of assault?

California, United States of America


The following excerpt is from People v. Rasberry, B249073 (Cal. App. 2014):

A jury must not consider punishment in determining whether or not a defendant is guilty of a charged offense. (See People v. Thomas (2011) 51 Cal.4th 449, 486; People v. Alvarez (1996) 49 Cal.App.4th 679, 687.)

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