Assault with a Deadly Weapon (245(a)(1) P.C. and Assault with Force Likely to Cause Great Bodily Injury (245(a)(4) P.C.) are Different Definitions Within the Same Crime (Peo. v. Aguayo California Supreme Court (8/15/22) #S254554, in 2022 Cal. Lexis 5013).

CASE ALERT

By: Ray Hill, Professor Emeritus, Santa Rosa J.C.

Assault with a Deadly Weapon (245(a)(1) P.C. and Assault with Force Likely to Cause Great Bodily Injury (245(a)(4) P.C.) are Different Definitions Within the Same Crime (Peo. v. Aguayo California Supreme Court (8/15/22) #S254554, in 2022 Cal. Lexis 5013).

   Defendant was repairing her bicycle when her 72-year old father accidently turned on a sprinkler and dampened her cell phone charger. Defendant became irate, yelled expletives and insults, and grabbed a bicycle lock and chain. The father turned his back and started to walk away when the defendant struck him in the back with the lock and chain. During the ensuing struggle, she struck her father 50 times about the head, chest and arms and threw a ceramic pot striking him in the head in a location where he had sustained two brain surgeries. The father was transported to a local hospital, but sustained only minor injuries. Defendant was convicted in San Diego County Superior Court of both Assault with a Deadly Weapon and Assault by Means of Force Likely to Create GBI and received a punishment for multiple acts. 4DCA upheld these convictions and ....

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