It may seem surprising, but people are brought up on California assault with a deadly weapon charges in Santa Clarita all the time. If that makes you nervous, just wait a minute and let us explain. Some cases of assault with a deadly weapon are exactly that: an individual had a deadly weapon in their possession, something like a knife, a baseball bat or a crowbar, and they attempted to use it to harm someone else. However, according to the wording of the law, just about anything can be considered a “deadly weapon,” including an individual’s own body.
California Penal Code 245 (a)(1) PC defines assault with a deadly weapon as “committing an assault on another person with a deadly weapon or instrument other than a firearm … ” or “by means force likely to produce great bodily injury.” This wording implies that almost anything can be considered a “deadly weapon” provided it’s used to assault someone in a way that’s likely to inflict considerable injury. By that definition, a pen, a pencil, a nail clipper or even a toaster could be considered a deadly weapon depending on how it was used. Technically, a foot or a fist isn’t considered a “deadly weapon” under PC 245 (a)(1). But, if it’s used in a way that’s likely to cause “great bodily injury” to someone else, “assault with a deadly weapon” charges are often pressed. The only exception to this law is a firearm, and the reason guns don’t fall under “assault with a deadly weapon” is because assault with a firearm has its own law: California Penal Code 245 (a)(2) PC.
So, in order to be charged with assault with a deadly weapon, an individual needs to use something with enough force to cause “great bodily injury” to someone else. “Great bodily injury” is defined as something substantial, and more than minor harm. Let’s use a wet towel for example. Winding it up and whipping somebody with it is likely to sting – a lot – and can leave a significant bruise or welt. The injury, however painful, is superficial and not serious; thus it’s not very likely that “assault with a deadly weapon” charges will be brought up against someone in that instance. If an individual were to take that same towel, and instead of whipping someone with it, he was to wrap a stone in that towel and try to beat someone with it, things change drastically. The towel, now containing a stone, is capable of inflicting far more damage than in the previous example. As such, it’s possible that assault with a deadly weapon charges could ensue.
California Penal Code 245 (a)(1) PC is a “wobbler,” meaning it could be filed as a misdemeanor or a felony depending on the nature of the crime. Misdemeanor penalties include up to 1-year in county jail and/or a fine of up to $1,000. Felony charges carry the possible penalties of 2 to 4-years in California state prison and/or fines of up to $10,000.
