The crime of Assault With a Deadly Weapon involves the threat or use of firearms, or any weapon likely to produce bodily injury. Although courts have discretion regarding application of force, hands and feet or any body parts are not considered ""deadly weapons"" under California law. Examples of Assault With a Deadly Weapon include firing a gun at a passing car or instructing an animal to attack or pushing someone from a moving automobile or using a bottle, screwdriver or pencil to attack someone.
What does the prosecutor have to prove?
1. The defendant assaulted victim.
2. The assault was committed with a deadly weapon or instrument other than a firearm. [Cal Crim No. 875]
Felony: 2 years/3 years/4 years
With probation 0-364 days
Misdemeanor: 0-180 days (standard)
0-364 days (aggravated)
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